Kanooni Charcha by Retd Session Judge Subash Gupta: Decoding/Delving upon the Judgement of Hon’ble Supreme Court of India
Kanooni Charcha by Rtd Judge Subash Gupta/Former Member Public Service Commission J&k with Advocate Mohd Aslam ,Alihisa Kohli Advocate, Raquib Ahmed Zia on topic-Decoding/Delving upon the Judgement of Hon’ble Supreme Court of India in case Sita Soren V S Union of India dated 4-3-2024 -facts & law of the case -Review/ Revisitation of earlier constitutional verdict in case of Judgement of P V Narishama Rao of year of 1998 delivered by Five Bench Judges by a larger constitutional Bench of seven Judges in case of Sita Soren
–Making of speech or casting of vote by a Member parliamentarian or state legislator by taking bribe Cannot be considered as fair/ transparent rather induced by corrupt practices Hence such an exercise cannot be protected as privilege or otherwise immunity by Articles105 & 194 of constitution of India
-Held such an immunity or privilege is not available as it is violated & against the spirit of these two articles Further more as per ingredients of section 7 of Prevention of Corruption Act offence get completed after acceptance of bribe irrespective of fact as whether subsequently the desired vote is casted or speech made or not by the M P or M L A concerned-Net result of the Decision led to setting aside of earlier Judgement of P V Narishama Rao being unconstitutional.
