Amritpal Singh, alias “Engineer Rashid,” triumphed over former Jammu and Kashmir Chief Minister Omar Abdullah and Sajad Gani Lone, who is also the Peoples Conference (PC) chairman to represent Baramulla’s constituency in Kashmir. Similarly, he got 1,97,120 more votes than his closest competitor Congress nominee Kulbir Singh Zira.
Last April Amritpal was arrested by Punjab Police from Rode village of Moga district under National Security Act1980 after being hunted by them for a whole month along with security agencies all over India for him as well as Waris Punjabi De, his organization. Currently he is at Dibrugarh jail in Assam where he faces not less than Eleven cases in Punjab apart from one criminal case there regarding alleged use of unauthorized electronic gadgets inside prison. The NSA is a preventive detention law that permits the detention of individuals for up to 12 months without pressing formal charges.
Amritpal Singh’s young followers are seen walking around Jallupur Khera with his banners and flags ahead of Lok Sabha election.
Rashid has been accused of providing funds for acts of terror since five years ago when he was locked up at Tihar Jail, New Delhi under UAPA. The AIP ticket holder won against other candidates by a margin exceeding two lakh votes. During his absence,Rashid’s sons Abrar Rashid Asrar Rashid campaigned for him against his arrest with the popular slogan ‘Jail ka badla vote se’ (revenge through ballot).
This photograph taken on Tuesday shows Engineer Rashid getting an early lead over rivals to win Baramulla Lok Sabha seat as family members including son Abrar Rashid look on in Srinagar, June 4, 2024.
Therefore, their victory in the elections has made them constitutional lawmakers and able to take oath of office. Under Article 99 of the Constitution each Member of Parliament is required to take an oath before the President before commencement of service.
It has happened several times in the past where jailed lawmakers have been granted custody parole or interim bail to enable them discharge their duties as parliamentarians. For example, last March, a Delhi court allowed Tihar Jail inmate Aam Aadmi Party (AAP) leader Sanjay Singh to be sworn-in as a Rajya Sabha member while facing money laundering charges arising from now annulled Delhi excise policy.
The Special Judge M.K.Nagpal had directed for proper security arrangements during Singh’s visit to parliament house and his way back subsequently. Besides, he was not allowed to use mobile phone or talk anybody during his journey till he reached Parliament. Similarly, in 2021, jailed anti-CAA activist Akhil Gogoi was given temporary release by a special NIA Court so that he can take an oath as a member of Assam Legislative Assembly.
Therefore, Amritpal and Rashid will have to go to court before they are sworn in as MPs. In this regard, relevant courts could either grant them temporary bail for oath-taking ceremony or allow them into Parliament only for the purpose of taking oath under police custody after which they would be returned to jail. Rashid has already moved Delhi’s Patiala House Court seeking interim bail or in alternative custody parole in order to swear and do other things that a Member of Parliament does. The matter is listed for further hearing on June 7, after the court sought a response from the National Investigation Agency (NIA) on June 6.
Last month, the chief of Waris Punjab De had approached the Punjab and Haryana High Court seeking release for only seven days to file his nomination papers for contesting Lok Sabha polls. However, the petition was dismissed as infructuous after the state government told the court that he had complied with all requirements needed for him to send his candidature letter. Amritpal’s lawyer Rajdev Singh Khalsa has said he would press for his release via an interim bail immediately following his electoral success according to Hindustan Times on June 6.
They should then write a letter notifying the Speaker about their inability to attend house business due to being imprisoned based on how long their parole or interim bails will take. This is because Article 101(4) of Constitution states that if any member of either House of Parliament is absent from all meetings held during period of sixty consecutive days without permission from House, his seat may be declared vacant by such House. After that, requests shall be forwarded by Speaker himself unto House Committee on Absence of Members so as whether MPs must remain away from House proceedings or not. Subsequently, it will be put up for voting by Speaker within the House.
What happens if they are convicted?
If Amritpal and Rashid were found guilty eventually, they would lose their seats in Lok Sabha instantly. This is due to Section 8(3) of the Representation of People Act, 1951 (RPA), which provides that a member of Parliament shall be disqualified if he is convicted by a court of any offence and sentenced to imprisonment for more than two years. Consequently, the same will mean that they are no longer MPs and may not contest elections for another six years after their release from jail. Hence, the seat itself will also fall vacant necessitating holding of by-elections.
Previously, according to Section 8(4) of RPA disqualification didn’t take effect upon conviction for three months during which an appeal could have been lodged by the convicted legislator. Nonetheless, in Lily Thomas v Union of India (2013), this provision was declared unconstitutional by Supreme Court. The division bench comprising Justices A.K. Patnaik and S.J. Mukhopadhaya observed that parliament lacked legislative competence to postpone the date when the disqualification of a sitting member would come into operation.
