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| Jailed Leaders Elected as MPs Amritpal Singh and Engineer Rashid |
New Dehli, India (Tamsil Shahezad Khan) - In a surprising turn of events, two candidates currently serving prison sentences on terror charges have won seats in the recent Lok Sabha elections. This development has sparked discussions about their ability to take the oath of office and participate in parliamentary proceedings.
Abdul Rashid Sheikh, commonly known as "Engineer Rashid," secured victory in Kashmir's Baramulla constituency, defeating prominent figures like former Jammu and Kashmir Chief Minister Omar Abdullah. Similarly, pro-Khalistan leader Amritpal Singh won Punjab's Khadoor Sahib seat by a significant margin.
Both leaders face serious charges. Amritpal, arrested last April under the National Security Act, is implicated in multiple criminal cases in Punjab and Assam. Rashid, a two-time MLA, has been in Delhi's Tihar Jail for five years, charged with "terror funding" under the Unlawful Activities (Prevention) Act.
Despite their incarceration, their electoral victories grant them a constitutional mandate to function as legislators. Article 99 of the Constitution requires all MPs to take an oath before the President. Precedents exist for jailed lawmakers to be granted custody parole or interim bail for such purposes. Recently, AAP leader Sanjay Singh and anti-CAA activist Akhil Gogoi were allowed temporary release to take their oaths.
Amritpal and Rashid will need to seek similar judicial intervention. Courts can grant them temporary bail or send them under police custody for the oath-taking ceremony. Rashid has already moved Delhi's Patiala House Court seeking this relief.
Their ability to attend parliamentary sessions remains uncertain. If absent for 60 consecutive days without permission, their seats could be declared vacant as per Article 101(4) of the Constitution. The House Committee on Absence of Members will decide on allowing their continued absence.
However, if convicted and sentenced to two or more years in prison, they will lose their seats immediately under Section 8(3) of the Representation of People Act. They will also be barred from contesting elections for six years post-release, necessitating by-polls in their constituencies.
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