New Delhi: Senior Supreme Court Advocate Vijay Hansaria who is Court-appointed amicus curiae in a batch of related Public Interest Litigations has welcomed the three bills for removal of PM, union minister, CM, state minister if arrested for 30 days in a row in a serious criminal offence, tabled in the Lok Sabha today by Home Minister Amit Shah.
Hansaria is the Amicus Curiae in PILs seeking fast-tracking trial against present and former MPs, MLAs, and life time ban on convicted politicians and those against whom charges have been framed in grave offences from contesting elections filed by SC advocate Ashwini Upadhyay.
Hansaria told Times Now: “I think it’s a welcome step …its high time that persons with criminal antecedents or criminal cases against them be kept away from power..law breakers should not be law makers..it’s well-intended. Well done ..it should have been done earlier it should be implemented in letter and spirit.”
On Opposition slamming the bills saying it attempts to dismantle democratic safeguards and weaponise the law against political rivals, and it’s a bid to take away power of courts, Hansaria said.
“Courts decide disqualification as per law ..today unfortunately if there is a rape case , murder case against him/her and you are charged ..you continue to be PM, CM or a state minister . Allegation that it can be misused is no ground not to enact a law it can be misused against anyone any law can be misused …then there are Opposition ruled states also …in such states the state police is with them …see look at IAS or any civil servant if he is 48 hrs in custody in connection with any case he is suspended here it is 30 days”.
“The person facing , fearing disqualification can go to court and this ground will become an additional ground for him that please decide my bail application expeditiously.. I am of the view that even if a person is charged of a serious offence, he should also be disqualified”, he said.
Constitution (130th) Amendment Bill was tabled in Lok Sabha by Union Home Minister Amit Shah, aiming to provide a legal framework for the removal of the Prime Minister, Union ministers, chief ministers and state ministers who are arrested or detained on account of serious criminal offences.
The bill was mooted by the Union Home Ministry and cleared by the Union cabinet.
Home Minister Amit Shah proposed to refer these three bills to a joint committee of Parliament.
Lok Sabha passed the resolution to refer the Bills introduced by Amit Shah to Joint Committee of Parliament (JPC).
Opposition leaders strongly criticised the bills, calling them unconstitutional, undemocratic and an attempt by the Centre to destabilise opposition-ruled state governments. They alleged the move undermines the separation of powers, bypasses the judiciary and turns India into a “police state”. Several leaders also described it as a ploy to use central agencies to target political rivals.
