M A I N   N E W S

News Analysis
Bad for Badal, BJP
Maneesh Chhibber

It is a virtual double jeopardy for the SAD-BJP alliance in Punjab. Today’s two judgments—one by the Supreme Court and other by the Punjab and Haryana High Court—will certainly throw all poll calculations of the combine to the winds.

While the Congress Government in the state will certainly try to draw maximum mileage from the decision of the apex court, dismissing his appeal challenging sanction accorded for prosecuting him in a corruption case, conviction and sentencing of Navjot Singh Sidhu means the party loses its star campaigner.

While there is no legal bar on Mr Sidhu to contest the forthcoming Vidhan Sabha elections in Punjab, the BJP will find it difficult to field him in view of its oft-stated position on convicted persons contesting elections.

In its latest judgment, delivered in the second week on November, a three-Judge Bench of the Supreme Court headed by the Chief Justice, Mr Justice Y.K. Sabharwal, has held that a convicted person can be allowed to file nominations if the conviction has been stayed. The same Bench has also ruled that the appellate court can also stay the conviction provided the appellant makes out a case to show that in case the conviction is not stayed, adverse consequences would result.

Simply speaking, this order means that a convicted politician can contest elections if the conviction order is stayed by a superior court before he or she files the nomination. It ruled that disqualification because of conviction does not hold after the conviction has been stayed.

As per the Representation of People Act, a person sentenced to imprisonment for more than two years stands disqualified from contesting elections for six years after his release.

The latest order would come handy in case Mr Sidhu decided to contest the next Assembly elections. However, the chances of the same happening are remote.

As for Mr Badal, today’s order is likely to ensure that from now on, he and his MP son, Mr Sukhbir Badal, would be forced to channelise their energies fighting their case along with other members of the family rather than fighting an election in which Mr Badal was trying to oust the incumbent government.

Moreover, while Mr Sidhu still has the option of moving the Supreme Court, in Mr Badal’s case, till the framing of the charges, he has little options left.

In its order, which has now been upheld by the Supreme Court, the High Court had directed the trial court to speed up the trial and, preferably, finish it within one year.

This could also hurt Mr Badal’s election-related schedule as he would be required to be present in the court in person on every hearing as required under CrPC.

But, then, his legal team would already be looking at various options, including moving an application to get the trial shifted out of Punjab.