Phata Ordinance, nikla zero

September 29 2013

On Friday, the country saw the Congress’ biggest political drama ever at the Press Club in Delhi, but the cheering and claps were subdued. The bigger question was why the crown prince could not explain why the Eureka moment didn’t hit him when he attended every meeting about the Ordinance about tainted politicians not being allowed to contest the elections? Why did he have to rubbish the Ordinance after it was passed by his own party? At the last moment when the danger of being imprisoned for five-10 years regarding the fodder scam came close to Lalu Prasad, his then advocate Kapil Sibal came up with a fool-proof idea and put all this capabilities into the drafting of this Ordinance, which was then passed by the Cabinet. Which means the sentiments of the Supreme Court were kept on the side and a new arrangement of the new Ordinance emerged, which said if any of the lower courts, even the high courts, announce these politicians to be guilty, the Ordinance will be able to get them a stay. This means that their membership in the Parliament will not be disqualified; they will come to the Parliament, although they will not get their salaries, will not be able to vote but will be able to contest in the next elections. This is when the Supreme Court clearly states in this Prevention of Corruption Act that there can be no stay on conviction. The Supreme Court had ruled that if the politician is found to be guilty, his membership will be revoked and he will not be able to fight the next elections.

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