RS polls: NCP leaders move HC after special court refuses them bail to cast vote

Maharashtra home minister Anil Deshmukh and minority development minister Nawab Malik on Thursday moved the Bombay high court seeking an urgent hearing for relief after a special MP/MLA court refused to grant them bail to cast their votes in the Rajya Sabha elections to be held on June 10.

Former Maharashtra home minister Anil Deshmukh and minority development minister Nawab Malik on Thursday moved the Bombay high court seeking an urgent hearing for relief after a special MP/MLA court refused to grant them bail to cast their votes in the Rajya Sabha elections to be held on June 10.

Nawab Malik was arrested by ED on February 23 in connection with a money laundering case. (PTI)

A single bench of justice PD Naik is likely to take up the two pleas on Friday morning.

Both Deshmukh and Malik are in judicial custody after being arrested by the Enforcement Directorate (ED) in separate money laundering cases. Their party, the National Congress Party (NCP), is a constituent of the ruling Maharashtra Vikas Aghadi alliance in Maharashtra.

Deshmukh and Malik approached the special court June 3 and 6, respectively, seeking temporary release from jail for a day to cast their ballots to elect six Rajya Sabha members from Maharashtra on the grounds that is their right to choose the Rajya Sabha representatives for their constituencies.

ED, however, contended that prisoners, even if they are lawmakers, do not have voting rights under law, and that the pleas are liable to be rejected under provisions of the Representation of the Peoples (RP) Act, 1950.

The central agency also referred to section 62(5) of the RP Act which states that “no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police.”

Accepting ED’s arguments, special judge RN Rokade noted that all prisoners, except those in preventive detention, are not entitled to cast votes at any elections and dismissed the petitions of the NCP leaders.

The court also took into consideration a 1997 judgment of the Supreme Court in Anukul Chandra Pradhan’s case in which the court upheld the validity of section 62(5) of the RP Act and rejected the argument that it discriminates between two classes of persons facing criminal cases – one lodged in jails and the other out on bail, including those convicted and granted bail during pendency of their appeals before higher courts.

Deshmukh was arrested by ED on November 2 in connection with the money laundering aspect of a corruption case registered against him by the Central Bureau of Investigation (CBI).

Malik was arrested by ED on February 23 in connection with a money laundering case the agency had registered against fugitive gangster Dawood Ibrahim Kaskar and some of his close associates. Deshmukh was subsequently also arrested by the CBI.

The MVA, comprising the Shiv Sena, NCP and Congress, has fielded four candidates – Sanjay Raut, Sanjay Pawar (both Shiv Sena), Praful Patel (NCP), and Imran Pratapgarhi (Congress) – for the Rajya Sabha elections. It has the numbers to ensure the election of at least three.

With Deshmukh and Malik’s votes out, the MVA is likely to be short of 18 votes after taking its combined tally of 150 into account.

The BJP has fielded three candidates – Piyush Goyal, Anil Bonde and Dhananjay Mahadik – and has the numbers to push through two. The fight for the sixth Rajya sabha seat from the state is therefore between Sena’s second candidate, Pawar, and BJP’s third candidate, Mahadik. The BJP is likely to be short of 20 votes after taking its 106 votes into account.

The MVA parties expressed disappointment at the special court’s decision.

“We were expecting that Nawab Malik and Anil Deshmukh will be able to exercise their voting right in the Rajya Sabha elections. We are disappointed with the court’s decision,” state NCP chief Jayant Patil said.

A person who has been democratically elected and has not yet been convicted of a crime should be given the right to vote, he added.

Senior NCP leader and state minister Chhagan Bhujbal said the court’s decision will not have any impact on the polls. “We have made preparations considering that Deshmukh and Malik won’t be able to come for polling. The court’s decision won’t have much effect on MVA’s plans for the polls.

The Sena also expressed dissatisfaction with the court’s order,

“It is unfortunate, they (Deshmukh and Malik) have the right to vote. One person is an elected representative, while the other is a cabinet minister. Snatching away their right to vote in this manner does not sit well as per the Constitution,” Shiv Sena chief spokesperson Sanjay Raut said.

“Universal suffrage gives every adult the right to vote regardless of income, gender, ethnicity, political stance or sentence of imprisonment. Denying elected representatives the right to vote sets a dangerous precedent and goes against the civil liberties,” Congress leader Milind Deora tweeted.

HT tried to reach out to BJP for a comment but did not get one immediately.