Pillai’s Somersault owing to complulsions

Arjun Raghunath
The New Indian Express
24 Mar 2011

THIRUVANATHAPURAM: The somersault made by Kerala Congress (B) leader R Balakrishna Pillai from his decision to contest the Assembly elections from behind the bars, seems to be ignited not only by the political pressure from the UDF camp, but also by the realisation that there remained legal hurdles which are hard to overcome.
Interpreting various provisions in the relevant Acts, senior lawyers point out that it would not be a cakewalk for Pillai who is undergoing oneyear imprisonment in the Idamalayar corruption case.
The legal opinion obtained by Pillai in his favour had pointed out that Pillai was convicted under the Prevention of Corruption Act (PC Act) of 1947, whereas the Representation of the People Act only disqualified a person convicted under the PC Act of 1988 from contesting the elections for a period of up to six years
after the end of the sentence.
However, countering this argument, another section of lawyers point out that Section 30 of the PC Act 1988 repeals and saves all provisions in the PC Act of 1947 and hence the legal opinion in favour of Pillai won't stand. Senior lawyers Thampan Thomas and Cheruniyoor Sasidharan Nair share the same view.
Moreover, it is also pointed out that Pillai was originally convicted by the Sessions court for five years. But the Supreme Court had relaxed the conviction considering a prayer of Pillai to consider his illhealth.
Hence, if Pillai tries to exploit this concession
it would amount to
misrepresentation in the court.