No voting rights for under-trial: HG

No voting rights for under-trial: HG

                                                                                     

                                         

JUSTICE Bhushan Gavai and Justice V.M.Deshpande. at the High Court here, have rejected the letter petition on the criminal side, received from an undertrial. Thakur Amardeep Singh, in custody at the Nagpur Central Jail here with observation that in accordance with the legal position laid down by the the Supreme Coun in its judgment of the case - Lily Thomas v. Lok Prabhari v. Union of lndia and Others - 2013 (7) SCC 40. no fundamenlal right, but merely a statutory right is involved in the facts of this case, hence no interference was warranted.

Through the judgement, the apex-Court has made it clear that a person, who is convicted in prison, whether under a sentence of imprisonment or transportation or otherwise or is in lawful custody of the police, is not entitled to vote by virtue of section 62(5) of the Representation of the People Act. 1951. In view of this legal view, the PIL petitioner has been held not entitled to for any relief. The Court has appointed Adv Shrikant Khandalkar as counsel for the petitioner.

Posted in: News 2014