Jailed Khalistani separatist Amritpal Singh won the Khadoor Sahib Lok Sabha seat and Sheikh Abdul Rashid emerged victorious from Baramulla in Jammu and Kashmir. Both are lodged in jail and face serious charges. Their cases are being investigated by National Investigation Agency (NIA). Now the biggest question is will Amritpal Singh and Sheikh Abdul Rashid lose their seats if found guilty
According to the Constitution experts, If Engineer Rashid or Amritpal Singh are convicted by the court and sentenced to even two years in jail, they will lose their seats in the Lok Sabha. According to the 2013 Supreme Court verdict, MPs and MLAs will have to immediately resign from their posts if they are found guilty under sections that carry a punishment of two or more years.
However, the electoral victory of both of them means that they now have a constitutional mandate as MPs despite being in jail. Taking oath is the first step to performing their role as MPs. According to legal experts, Amritpal Singh and Sheikh Abdul Rashid retain the Constitutional right to take oath as MPs of the 18th Lok Sabha. If a person has not been convicted, he can contest elections and attend Parliament after getting permission from the court but both of them will have to approach the court to come out during the oath ceremony or Parliament session.
There are many such examples in history in which many MPs in jail have been given temporary parole to take oath. In March this year, Aam Aadmi Party leader Sanjay Singh was also allowed by the court to take oath for his second term (Rajya Sabha MP).
He was lodged in Tihar Jail on charges of money laundering. Delhi’s Rouse Avenue Court had also ordered the jail superintendent to ensure that he is taken to Parliament and brought back to jail with tight security.
Another such example is also seen in the year 2021. After winning from Sibsagar in Assam, the NIA court allowed Akhil Gogoi to come out of jail temporarily to take oath as a member of the Assam Legislative Assembly.
Engineer Rashid is an accused of providing financial support to terrorism. Rashid has been lodged in Tihar Jail since August 9, 2019. Amritpal Singh has been charged under the National Security Act and is in Dibrugarh Jail in Assam.
