Case Note & Summary
The applicants, Mohammad Nawab Mohammad Islam Malik @ Nawab Malik and Anil Vasantrao Deshmukh, are members of the Maharashtra Legislative Assembly and were in judicial custody in connection with offences under the Prevention of Money Laundering Act, 2002 (PMLA). Nawab Malik was arrested on 23rd February 2022 in ECIR/MBZO-I/10/2022, and Anil Deshmukh was arrested on 2nd November 2021 in ECIR/MBZO-I/66/2021. Both applicants sought bail to vote in the Maharashtra Legislative Council election scheduled for 20th June 2022. The learned Special Judge, PMLA, rejected their bail applications on 9th June 2022. The applicants then approached the High Court seeking interim bail or permission to vote under medical escort. The court considered the constitutional duty of elected representatives to vote in Legislative Council elections and the right to vote under Article 326 of the Constitution and the Representation of the People Act, 1951. The court held that the right to vote is a constitutional right and an elected representative has a duty to participate in the election of members of the Legislative Council. Balancing the right to vote against the fact of incarceration, the court granted interim bail to both applicants to enable them to vote on 20th June 2022, subject to conditions. The court directed that the applicants be released on interim bail from 19th June 2022 to 21st June 2022, or until the completion of voting, whichever is earlier, and that they be escorted by police to the Vidhan Bhavan to cast their votes.
Headnote
A) Constitutional Law - Right to Vote of Prisoners - Constitutional Duty of Elected Representative - The court considered whether an MLA in custody has a right to vote in Legislative Council elections. Held that the right to vote is a constitutional right and an elected representative has a duty to participate in the election of members of the Legislative Council. The court granted interim bail to enable the applicants to vote, balancing the right to vote against the fact of incarceration. (Paras 1-5) B) Criminal Procedure - Interim Bail for Voting - PMLA - The court examined the application for interim bail to vote in the context of the Prevention of Money Laundering Act, 2002. Held that the right to vote is a fundamental right under Article 326 of the Constitution and the Representation of the People Act, 1951, and the court can grant interim bail for such purpose even in PMLA cases. (Paras 2-5)
Issue of Consideration
Whether the applicants, who are members of the Maharashtra Legislative Assembly and in custody under PMLA, are entitled to be released on interim bail to enable them to vote in the Maharashtra Legislative Council election scheduled on 20th June 2022.
Final Decision
The court allowed the applications and granted interim bail to both applicants from 19th June 2022 to 21st June 2022, or until the completion of voting, whichever is earlier, subject to conditions including police escort to the Vidhan Bhavan to cast their votes.
Law Points
- Right to vote of a prisoner
- Constitutional duty of an elected representative
- Interim bail for voting
- Section 3 Prevention of Money Laundering Act 2002
- Article 190 Representation of the People Act 1951
