The Supreme Court told lawyer Ashwini Updahyay on Thursday that the PIL asking the Delhi government to sack its health minister Satyendar Jain and the Maharashtra government to sack its cabinet minister Nawab Malik, in connection with money laundering being investigated against them, could not be posted after he was placed before the Chief Justice of India.
Request to register the Upadhyay case submitted to the Bench of Judges CT Ravikumar and Sudhanshu Dhulia that there has been a serious violation of Article 14.
“A Maharashtra Cabinet minister has been in custody for 4 months and another minister has been in custody for 30 days. Minister means civil servant. Serious violation of Article 14,” Upadhyay added.
Remarking that cases must first be displayed before the CJI and only then could they be displayed, the bench said: “Have you made a mention before the clerk? Every day we say mention before the clerk and even if you made a mention, most likely it will be published next week.These questions must first be published before the Hon CJI.Only then will they be published.
The Brief Petition also seeks to ensure that any minister, who is not merely a public servant under Section 21 of the Indian Penal Code and Section 2(c) of the Prevention of Corruption Act, but also a “legislator” and takes a constitutional oath under appendix -3, is temporarily banned from exercising the function, after 2 days in police custody.
“Allowing criminals to become legislators results in the breakdown of the rule of law, both in the machinery of government and in the system of administration of justice. This honorable Court must take steps to deter criminals from becoming legislators, as well as to uphold the rule of law inherent in Section 14,” the petition reads.
Alternatively, he prays that being the guardian of the Constitution, the Supreme Court should order the Law Commission to examine the electoral laws of developed countries and prepare a comprehensive report to maintain the nobility and dignity of ministers, legislators and officials in the spirit of Article 14.
The petition also states that, unlike civil servants, ministers like Nawab Malik and Satyendar Jain still enjoy a constitutional position, even though they have been in judicial detention for a long time, which is arbitrary and contrary to Article 14.
Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.