dna edit: Immunity despite illegality

When three Lok Sabha MPs belonging to three different national parties run into trouble with the law in the same week, the political discomfiture with the Supreme Court judgment disqualifying convicted legislators falls into perspective. The BJP’s Dinu Solanki was arrested by the CBI for alleged involvement in an RTI activist’s murder and the BSP’s Dhananjay Singh for destroying evidence in the murder of his domestic maid. However, the Congress’ Peethambara Kurup has had a narrow escape when actor Shweta Menon withdrew the molestation complaint, allegedly under pressure from the film and political fraternity.

Independent India, regrouping after a history of political repression by the British who foisted false cases on Indian freedom fighters, framed Section 8(4) in the Representation of People’s Act, 1950, that worked on the premise that legislators were vulnerable to victimisation. Even conviction by the courts of law was not thought fit enough to dislodge a legislator.

Even by the most liberal standards, Section 8(4) of the RP Act was stretching the liberalism ingrained in our Constitution to ridiculous limits. Though unintended, the loophole allowed criminal elements to contest elections and function as people’s representatives while ensuring that cases and appeals languished for years. The inference to be drawn from the Supreme Court striking down Section 8(4) was that political parties should desist from granting tickets to criminals. But the subsequent banding together by political parties to nullify this judgment through an amendment in Parliament and when that failed, through an ordinance, offers no hints of reform.

In July, the SC also passed another significant judgment banning arrested netas, in judicial or police custody, from contesting elections. The stated ground was that those in prison lose the right to vote, and thereby, forego the right to fight elections. But if the BJP’s Solanki and the BSP’s Singh manage to secure bail, they get to contest the 2014 elections. However, arrested politicians are rarely denied bail, irrespective of the charges against them. So 2G accused A Raja and CWG accused Suresh Kalmadi, out on bail, can contest the next Lok Sabha elections while Haryana’s Gopal Kanda will have to sit out, unless he gets bail. Ironically, the courts have found prima facie evidence to put all three politicians on trial and framed charges against them. Bail, therefore, cannot be a uniform standard to decide who contests elections. Both Solanki and Singh were accused in several criminal cases including murder. So, the bar needs to be set higher to stop those facing criminal charges from fighting elections.

It has been argued that the “innocent until proven guilty” dictum applies to politicians too and their right to fight elections cannot be curtailed on the basis of criminal charges. But the proposition that law enforcement agencies function under political control becomes untenable when elected representatives are criminal elements. Solanki’s arrest, after RTI activist Amit Jethwa’s father lost confidence in the Gujarat police and successfully petitioned for CBI investigation, proves why political power must not be vested in tainted hands. The arrest was the Congress’s turn to attack the BJP. Last month, it was the BJP’s turn when Congress MP Rasheed Masood was jailed.

These attacks die down in a few days but soon an omerta takes over. This one involves the preservation of political privileges with a certain downside that allows criminals to flourish.