Suspension of sentence by HC crucial for Bharti against disqualification: Legal experts

By Sumit Saxena New Delhi, Jan 23 : After a Delhi court on Saturday sentenced Aam Aadmi Party (AAP) MLA Somnath Bharti to two years imprisonment for assaulting AIIMS security staff in a 2016 case, the issue over his disqualification has come into the fore.
According to legal experts, the suspension of the sentence and his conviction in the case by the high court is essential to protect Bharti against disqualification.
According to Section 8 of the Representation of the People Act, Clause 3, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years after his release.
The Act also clarifies that a disqualification shall not, in case the person on the date of conviction is either MP/MLA, take effect until three months have elapsed from the date or, if within that period an appeal for revision is brought with respect to the conviction or the sentence, until that appeal or application is disposed of by the court.
Therefore, it is important that conviction in the case and the sentence awarded is suspended for a lawmaker, to protect him/her against disqualification.
Senior advocate Rakesh Dwivedi said that Bharti will not be immediately disqualified as an MLA, and he can file an appeal seeking suspension of the sentence.