Sohrabuddin encounter accused still a member of Guj assembly

Former Gujarat minister of state for home, Amit Shah, who is an accused in the Sohrabuddin Sheikh fake encounter case, will continue to be a member of Gujarat assembly despite his long absence from the house.

It was widely believed that Shah, who has stayed outside Gujarat after the Supreme Court barred him from entering the state, would cease to be a member of the assembly because of his long absence. According to constitutional norms, any MLA who remains absent for 60 consecutive days from the assembly, ceases to be a member and is, thereafter, considered suspended.

Shah was arrested on July 25, 2010 in connection with the Sohrabbuddin case, one day after he resigned as minister of state for home. Since then, he has not attended the assembly during the last four sessions of the house, including the current budget session.

However, fortunately for him, the number of continuous days that he has been absent from the house adds up to only 56 which saves him by a whisker.

Clearing the air, assembly secretary DM Patel said that as per constitutional provisions, an MLA cannot be absent for 60 consecutive days.

"The rules say 'days', not 'sittings' of the assembly. There have been around 62-63 sittings during the last four sessions of the assembly but Shah has been absent for only 56 days. Hence, he would not be suspended in the current session. The house doesn't function on Saturdays and Sundays during assembly sessions," Patel said.