- The Enforcement Directorate (ED) has recently opposed the applications filed by the imprisoned former Maharashtra Home Minister, Anil Deshmukh, and the state Cabinet Minister, Nawab Mailk seeking bail for one day to cast their votes in the upcoming Rajya Sabha elections on the ground that prisoners do not have voting rights.
- Both the prisoners, Deshmukh and Malik are NCP leaders, currently lodged in jail in connection with various money laundering cases.
- The ED argued that the right to vote is a statutory right created u/s 62 of the Representation of the People (RP) Act and thus, is subject to certain restrictions provided under the RP Act itself and an imprisoned person cannot be allowed to cast their votes.
- Section 62 of the RP Act talks about the eligibility criteria to qualify as a voter.
- Deshmukh, in his application, argued that being a standing MLA, he is a member of the Electoral College and wants to exercise his franchise and cast his vote.
- Last year on 20th March, Param Bir Singh, former Police Commissioner, wrote a letter to CM Uddhav Thackeray accusing Deshmukh of abusing his position for monetary gains.
- Subsequently, the High Court directed CBI to hold a preliminary enquiry against him. However, ED stepped in and conducted its own probe and filed an FIR against Deshmukh u/s 120B of IPC and section 7 of the Prevention of Corruption Act.
- Accordingly, Deshmukh was arrested by the ED last year on charges of corruption and money laundering. The former Home Minister is currently serving his sentence.
- NCP leader Nawab Malik is also serving his sentence on charges of money laundering cases against him.
- He was arrested by the ED this year for 'involvement in terror funding activities' pertaining to a 1999 land deal with the underworld don Dawood Ibrahim and his aides.
- The pleas of both the applicants will be heard on Wednesday. What remains to be seen is the stance that the Ld. Court will take.
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