'MP position not under immediate threat'

By Our Special Correspondent

CHENNAI, MAY. 30. With the AIADMK MP and former State Minister, Mr. T.M. Selvaganapathy, sentenced to five years imprisonment in the Colour TV purchase case today, a disqualification issue concerning his Lok Sabha membership has come to the fore.

After receiving copies of the bulky order, pronounced by the Special Judge, Mr. V. Radhakrishnan, and receiving the court's warrant, the seven convicted persons, including the former Chief Secretary, Mr. N. Haribhaskar and two other IAS officers were taken by the police first to the Chennai Central prison and then to Vellore, where they were lodged.

Mr. Selvaganapathy's advocates say that the conviction would not immediately threaten his position as MP.

The relevant sections under the Representation of the People Act, which deals with disqualification of MPs and MLAs, note that a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

However, the advocates point to the next sub clause i.e., Sec. 8 (4) which says ``Notwithstanding anything in sub sections (1), (2) and (3) a disqualification shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.''

This means that if Mr. Selvaganapthy prefers an appeal against his five-year conviction, within the prescribed three month limitation period, his membership in Parliament would not face any threat.

Jayalalitha remains collected

The eagerly awaited verdict saw varying reaction within and outside the court hall.

On a request from the defence, the Court began proceedings after 11 a.m. Ms. Jayalalitha along with Ms. Sasikala entered the court around 11-15 a.m. The Judge took his seat and first pronounced his verdict acquitting both of them. Immediately, AIADMK volunteers, advocates and leaders, who had gathered in strength in the court hall and outside the building broke into a spontaneous and jubilant applause. They raised slogans hailing her. Some of them distributed sweets among themselves.

Inside the hall, Ms. Jayalalitha remained collected and did not show any reaction, although Ms. Sasikala broke into a smile.

When the conviction of Ms. Selavaganapthy and Mr. Haribhaskar was announced, Ms. Jayalalitha seemed to look sullen, but remained stoic.

After the verdict, she came out ringed by her advocates and security men. Though, presspersons and TV crew were eager to get her reaction, Ms. Jayalalitha did not react and drove away immediately.

Mr. Selvaganapathy who seemed to be fulfilling vows for a Sabarimala pilgrimage, looked shocked, but he tried his best to remain unperturbed. Mr. Haribhaskar and the other officers however could not mask their shock. They remained in the court hall till evening before being taken away by police.

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Section  : Southern States
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