In the plea, BJP leader and lawyer Ashwini Upadhyay, sought directions to ensure that the Minister shall be temporarily debarred from holding the office
Satyendra Jain (L), Nawab Malik
A PIL has been moved in the Supreme Court seeking directions to 'sack' Delhi Cabinet Minister Satyendra Jain and Maharashtra Cabinet Minister Nawab Malik over the alleged money laundering cases being probed against them.
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In the plea, BJP leader and lawyer Ashwini Upadhyay, sought directions to ensure that the Minister, who is not only a public servant but also a Lawmaker and takes a constitutional oath, shall be temporarily debarred from holding the office, after 2 days in judicial custody (like IAS, IPS, judges and other public servants are suspended from their services).
The petitioner has sought direction to the Maharashtra government to sack its Cabinet Minister Nawab Malik who was arrested on February 23 and continues in judicial custody in connection with cases of black money, Benami properties, money laundering, and disproportionate assets, linked with mafia don Dawood Ibrahim, said the plea.
It also sought the Delhi Government to sack Cabinet Minister Satyendra Jain, who was arrested on May 31 and continues in judicial custody in connection with cases of black money, Benami properties, ghost companies, money laundering, and disproportionate assets.
There is a good reason why the court must take steps to control the problem of criminalisation of politics, the plea said.
Although MLAs are the highest law-making organs of the State and the profession is honorable and noble, but there is no restriction on them to practice other professions like the bar on IAS, IPS, and Judges to practice other professions. There is no action even if they are in custody like IAS, IPS, Judges are suspended. There is no provision for a minimum number of hours that an MLA must spend in the Assembly and his constituency. Similarly, he can be Minister while being in jail.
The Assembly holds absolute financial powers. A Money Bill can only originate in the Assembly if MLAs give consent. It must be noted that in the states that have a bicameral legislature, both the Legislative Council and the Vidhan Parishad can pass the Bill or suggest changes to the Bill within 14 days of its receipt although the members are not bound to abide by the changes suggested, stated the plea.
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