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Former Delhi MLA, on the run from police arrested
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Vote Cast By Lawmaker Prior To His Conviction On Same Day Cannot Be Termed Invalid : Supreme Court
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Sonthalia approached the High Court and his election petition was dismissed in January 2020. He then moved the Supreme Court where Senior Advocates Mukul Rohatgi and K V Vishwanathan, appearing for him, contended that wherever a statute uses the word “date” with reference to an event, courts have always interpreted the same to have happened at the intersection of the previous day and the present day, namely 00.01 a.m. “This is firstly because it is at that time that the day begins and secondly because law abhors fractions,” they submitted, and said the conviction is deemed in law to have commenced at about 00.01 am when the date of March 22 lapsed and March 23 began.
The bench said that this is an interesting but important question of far-reaching consequence
New Delhi:
The Supreme Court on Friday in a landmark ruling held that a vote cast by a lawmaker prior to his conviction in a criminal case on the same day cannot be termed as invalid saying holding him disqualified even before he was convicted would grossly violate his substantive right to be treated as innocent until proven guilty .
The top court, which termed it as an interesting but important question of far-reaching consequence, said that to say that this presumption of innocence would evaporate from 00.01 AM, though the conviction was handed over at 14.30 PM would strike at the very root of the most fundamental principle of Criminal Jurisprudence.
Pradeep Kumar Sonthalia vs Dhiraj Prasad Sahu @ Dhiraj Sahu on 18 December, 2020
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