SC refuses to stay HC parole order for BSP MP
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The Supreme Court on Thursday refused to stay an Allahabad High Court order granting two-day parole to BSP MP Atul Rai to enable him to take oath as MP.
Rai — who was elected from the Ghosi LS constituency in UP — has been in jail after being arrested in May 2019 for allegedly raping a student in Varanasi.
A Bench headed by Justice DY Chandrachud rejected the petition filed by the victim challenging the January 23 order of the high court granting him two-day parole.
As per the HC order, Rai will go to the national capital in police custody and take oath on January 31 as an MP during the Budget Session and come back to jail. Rai had submitted before the high court that he has not been able to attend the Lok Sabha for even a single day since his election. If he was not granted parole to enable him to take oath, his seat would be declared vacant.
According to Article 101(4) of the Constitution, if an MP does not attend the House proceedings for 60 days without permission of the House, his/her seat can be declared vacant. — TNS