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2008 assault & trespass case: Punjab guv writes to Mann, seeks report on Aman Arora’s conviction
Citing a representation received by the Raj Bhawan regarding the conviction, Purohit wrote that as per the judgment of the Supreme Court in the case of ‘Lily Thomas v Union of India’, the members of legislative assembly (MLAs) stand divested of their membership if convicted and sentenced to imprisonment for a term not less than two years by a trial court.
Punjab governor Banwarilal Purohit wrote to chief minister Bhagwant Mann on Friday, raising questions over the continuation of cabinet minister Aman Arora after his conviction in a criminal case.
Citing a representation received by the Raj Bhawan regarding the conviction, Purohit wrote that as per the judgment of the Supreme Court in the case of ‘Lily Thomas v Union of India’, the members of legislative assembly (MLAs) stand divested of their membership if convicted and sentenced to imprisonment for a term not less than two years by a trial court.
The governor said that from the representation he understood that a court of law convicted Aman Arora on December 21, 2023, for two years, and the conviction was not yet stayed by the competent higher court. “This is a serious matter involving non-compliance of the directions given by the Supreme Court,” Purohit wrote to the chief minister, seeking a detailed report from the chief minister on the entire issue.
As per Section 8(3) of the Representation of the People Act, 1951, the conviction of a lawmaker for an offence with a two-year sentence or more leads to disqualification from the House. However, Section 8(4) of the Act said the disqualification takes effect only after three months have elapsed from the date of conviction, allowing the convicted lawmaker time to file an appeal against the sentence before a higher court. In a landmark verdict in the ‘Lily Thomas v Union of India’ case in 2013, the Supreme Court declared Section 8(4) as unconstitutional.
The governor’s letter said the representation also raised the question of national flag hoisting by Arora on January 26 and alleged that the act of entrusting a disqualified legislator with the symbolic representation of the nation on a day as momentous as Republic Day not only undermined the sanctity of the legal system but also sent an unsettling message to the citizenry regarding the government’s commitment to ethical governance. As per the government order, Arora is scheduled to hoist the national flag in Amritsar.
The Punjab Vidhan Sabha secretariat is still to issue the notification regarding Arora’s disqualification from the House. Arora and eight others were sentenced to two years of imprisonment by a court in Sangrur district last month in a 15-year-old case in which a relative of Arora had accused them of attacking him in his house. Arora and others applied for bail and were granted relief until January 21.
