From behind bars, Lalu awaits fate of ordinance

 After the verdict on Monday, 65-year-old Lalu Prasad was taken to the Birsa Munda Central Jail in Ranchi. The court has fixed 3 October for pronouncement of sentence against him, former Bihar chief minister Jagannath Mishra and others convicted in the case. While coming out from the court, Lalu appeared calm and did not take any questions as his car sped away to the jail located at Hotwar on the outskirts of Ranchi, adjacent to the National Games village.

Like Lalu, Janata Dal (United) MP from Jahanabad Jagdish Sharma will also have his eyes on 2 October cabinet meet, as he too is in the same boat as that of former Bihar chief minister after being convicted by Special CBI Court judge P K Singh in fodder scam case that surfaced in undivided Bihar in 1990s. Apart from the duo, Jagannath Mishra has also been convicted in the case. Besides them, another 42 accused, including five politicians and four IAS officers have been convicted in the case.

Had the ordinance sent by the union cabinet to President Pranab Mukherjee been in place, Lalu and Sharma would have had the option to challenge the conviction in higher courts within the stipulated 90 days and remain lawmakers.

 That option was set aside by the Supreme Court order dated 10 July and to nullify the said verdict of the apex court, the union cabinet had sent an ordinance to the President to restore the earlier position. However, the President had certain queries on the issue and it remained unsigned by him. Meanwhile, Congress vice-president Rahul Gandhi came out openly against the ordinance, calling it a ‘nonsense’, and thus making the fate of the ordinance uncertain. With this uncertainty in the air over the ordinance, the union cabinet would sit once again on the issue in view of the objections of Gandhi and others on the issue.

If the cabinet decides to stick with its earlier stand and seek it to get signed, Prasad and Sharma would not lose their seats. With these two fodder scam convicts, Congress Rajya Sabha MP Rasheed Masood would also benefit from it after getting convicted by a court few days back in a corruption case. But in case the cabinet decides against the ordinance, all three convicted after 10 July Supreme Court verdict would lose their seats.

Masood’s conviction was the first case after 10 July SC verdict, which struck down a provision of the Representation of the People Act that protected lawmakers from disqualification after getting convicted. SC had also rejected the review petition filed by the government. Later, an amendment bill was introduced in Rajya Sabha, but is still with it and with adjournment of Parliament after monsoon session, cabinet had decided on ordinance route.