From Our Bureau
NEW DELHI: Delhi BJP leader advocate Ashwini Upadhyay on Thursday file a public interest litigation (PIL) in the Supreme Court to sack Maharashtra Cabinet Miniser Nawab Malik and Delhi Health Minister Satyendra Jain arrested under the Prevention of Money Laundering Act (PMLA).
The writ petition by him says any minister, who took constitutional oath, should be temporarily debarred from holding the office, after two days in judicial custody.
Malik was arrested under PMLA on February 23 while Jain was arrested on May 31 on the charge of acquiring black money, benami properties, ghost companies and disproportionate assets. Both are in the judicial custody. Nawab is accused of having links with underworld don Dawood Ibrahim hiding in Pakistan, the PIL said.
It said permitting criminals to become legislators results in the breakdown of the rule of law, both in terms of the government machinery, as well as the system of administration of justice.
This Apex Court must take steps to deter criminals from becoming legislators, as also to uphold the rule of law inherent in Article 14.
Alternatively, being the custodian of the Constitution, the Supreme Court should direct the Law Commission to examine the election laws of developed countries and prepare a comprehensive report to maintain nobility and dignity of Ministers, Legislators and Public Servants, in spirit of Article 14 of the Constitution.
The petition stated that unlike public servants, Ministers like Nawab Malik and Satyendar Jain were still enjoying constitutional position, even while being in judicial custody for long time, which was arbitrary and contrary to Article 14.
The petition further submitted that an MLA or MP has to be present in the House on all days of its sitting and he can be disqualified if abse
