NEW DEHLI – The election of two candidates currently imprisoned on terror charges has led to a peculiar situation in India, the local media reported on Wednesday
Although they are barred by law from attending the 18th Lok Sabha proceedings, they retain a Constitutional right to take their oaths as members.
According to results announced by the Election Commission on Tuesday, Sikh preacher Amritpal Singh, who is in jail, won the Khadoor Sahib seat.
Meanwhile, Sheikh Abdul Rashid, also known as Engineer Rashid, secured victory in the Baramulla constituency despite being incarcerated.
Engineer Rashid has been detained in Tihar Jail since August 9, 2019, on charges related to alleged terror financing. Amritpal Singh is held under the National Security Act and is currently in Dibrugarh Jail, Assam.
How jailed leaders will take oath?
Constitution expert and former Lok Sabha Secretary General PDT Achari affirmed that taking the oath as a Member of Parliament is a Constitutional right. However, due to their incarceration, both Engineer Rashid and Singh would need to obtain permission from the authorities to be escorted to Parliament for the oath-taking ceremony.
After taking their oaths, they would then be required to return to jail.
