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B.N. AGRAWAL, TARUN CHATIERJEE AND V.S. SIRPURKAR, JJ.
MOHD. SHAHABUDDIN – PETITIONER
Versus
STATE OF BIHAR AND OTHERS - RESPONDENTS
Writ Petition (C) No. 444 of 2007
Decided on : August 8, 2007
Voting Rights - Imprisoned Member of Parliament - Court orders petitioner to be escorted to Parliament House to cast vote for Vice-President election
Fact of the Case:
The petitioner, a sitting Member of Parliament undergoing imprisonment, filed a writ petition before the High Court to cast his vote for the election of Vice-President. No orders were passed on the petition. The petitioner sought permission from the Supreme Court to enable him to cast his vote.
Finding of the Court:
The Court directed the Jail Superintendent to take the petitioner with sufficient police escort to Parliament House, Delhi, to cast his vote for the election of Vice-President. After casting the vote, the petitioner was to be taken back to the District Jail, Siwan. The Director General of Police, Bihar, and the Commissioner of Police, Delhi, were directed to make appropriate arrangements for the petitioner's voting and return to jail. The petitioner was also given the option to bear the air passage for himself and the escort party to be brought to Delhi by air.
Issues: The main issue was whether an imprisoned Member of Parliament should be allowed to cast his vote for the election of Vice-President.
Ratio Decidendi: The Court balanced the petitioner's right to vote as a Member of Parliament with the constraints of his imprisonment, ultimately allowing him to exercise his voting rights by directing the necessary arrangements for him to cast his vote.
Final Decision: The Court ordered the petitioner to be escorted to Parliament House to cast his vote for the election of Vice-President and to be taken back to the District Jail, Siwan, after voting.
ORDER
1. Taken on board.
2. Issue notice.
3. The petitioner is undergoing imprisonment in District Jail. Siwan, Bihar. He is a sitting Member of Parliament and decided to cast his vote for election of Vice-President and filed a writ petition before the High Court, which is pending and no orders have been passed thereon. In the above circumstances, prayer has been made before this Court to enable the petitioner to cast his vote.
4. The Jail Superintendent of the District Jail, Siwan, within the State of Bihar, is directed to take the petitioner with sufficient police escort to the Parliament House, Delhi, to cast his vote and the Election Commission may allow him to cast the vote in the premises of Parliament House for the election of Vice-President. After the casting of the vote, the petitioner will be taken back to the District Jail, Siwan. The Director General of Police, Bihar, and the Commissioner of Police, Delhi, are directed to make appropriate arrangements so that the petitioner may cast his vote in the premises of Parliament House at Delhi. They may further see that he is taken back to jail in Siwan immediately after casting his vote.
5. Prayer has been made that the petitioner should be brought to Delhi by flight and it has been stated that the petitioner is ready to bear the air passage for himself and the escort party. If so, the petitioner may be brought to Delhi by air.
6. Let this order be communicated to the Director General of Police, Bihar, the Superintendent of Police, Siwan, the Election Commission of India and the Commissioner of Police, Delhi, by fax as well at the cost of the '} petitioner, which must be deposited in course of the day.
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