MLA’s disqualification: Will take call after official intimation, says speaker

KArnataka assemblage verbalizer UT Khader said that a conclusion on disqualifying Dharwad MLA Vinay Kulkarni would be taken only when after his power receives official communication regarding the life sentence awarded to him.“Unless I am officially communicated about the sentence, no action can be taken,” Khader told reporters in Mangaluru.Kulkarni was sentenced to life imprisonment on April 15 by a special court in Bengaluru that deals with criminal cases involving sitting and former MPs and MLAs. He and 16 others were convicted in connection with the murder of BJP leader Yogesh Goudar in Dharwad on June 15, 2016.Khader indicated that the MLA may continue in office if he chooses to challenge the conviction within the legally permitted time. “There are reports that the MLA will go on appeal against the court’s judgment. If he does so, then he will continue as the MLA,” he said.Under section 8 of the Representation of the People Act, a legislator sentenced to imprisonment of not less than six months is disqualified from the date of conviction and remains disqualified for six years after release. However, the provision allows a three-month period before disqualification takes effect. If an appeal or revision petition is filed within that time, the disqualification is deferred until the matter is decided by the court.Meanwhile, the fine print of the judgment, shows that the special court made strong observations on the role of a legislator in society while sentencing Kulkarni. Judge Santhosh Gajanan Bhat said, “In the instant case it is noticed that the allegations against the accused No.15 (Vinay Kulkarni) which is levelled was when he was enjoying power. The question of commission of an offence by a legislator is a serious aspect which is to be taken note of. In fact, the society looks at legislature with a fond hope of transforming the society. They are the supreme authority of making laws towards the welfare of the citizenry.”The court also criticised the conduct of three police officers who admitted during the trial that they had given false evidence under oath before a magistrate. The officers -- Shivananda Chalavadi, Babu Katagi and Shankaragouda Basanagouda Patil -- had earlier recorded statements under Section 164 of the Code of Criminal Procedure but later turned hostile.The court termed their actions unacceptable and said, “Such an act of tendering false evidence cannot be tolerated,” adding that the administration of justice is the foundation of society. It also observed that the officers had taken the judicial system “for granted” and deposed in a “reckless manner”.The officers claimed that their earlier statements were made under pressure from the Central Bureau of Investigation, citing the presence of a CBI officer during the recording of their statements. The court rejected this claim, noting evidence that the statements were recorded through video conferencing and that no unauthorised persons were present.It also pointed out that none of the officers had complained about any alleged pressure to their superiors or to the court at the time.The court ordered registration of perjury cases against the three officers. Similar action was directed against several private individuals, including Vijay Kulkarni, the MLA’s brother, who also turned hostile during the trial.