Sc: Sitting Mp Cannot Be Un-Seated By Court

SC: Sitting MP Cannot Be Un-Seated By Court 1/6/2009 The Supreme Court observed that a sitting MP cannot be unseated by the court and the petitioner, who is seeking disqualification of Congress MP from Tezpur in Assam Mani Kumar Subba on the grounds that he is not a citizen of India, should approach the appropriate authority as provided under Article 103 of the Constitution. The oral observations were made by a bench, comprising Chief Justice K G Balakrishnan, Justices Markandey Katju and P Sathasivam, during the hearing of a PIL alleging that that the MP is a Nepal national, who had allegedly escaped from a jail in the Himalayan nation, where he was serving sentence in a murder case and is illegally staying in India. The counsel for the petitioner contended that the CBI was not able to collect any evidence to show that Mr Subba was born in India and even the MP himself was not able to show any documentary proof that he was an Indian national. Additional Solicitor General Gopal Subramaniam, appearing for the CBI, however, sought more time to submit his report to the apex court following further investigation into the matter. According to the petitioner Parinder Nath Singh, the Congress MP was in fact Mani Kumar Limbo, who was convicted in a murder case by a court in Nepal. The apex court granted six weeks time to the CBI to submit its report in the court. Mr Subba, who is also known as ‘lottery king’ of North East, in his counter affidavit, has denied the allegations levelled against him by the petitioner and claimed that he is an Indian citizen and was born in India. The court also pulled up senior counsel Abhishek Manu Singhvi, appearing for the MP, and wanted to know ‘What evidence have you produced to show that you are an Indian citizen? Is it the evidence?’ UNI

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