New Delhi: With DMK MP Kanimozhi`s bail
plea to be decided a day after the results of Tamil Nadu
Assembly election, a voter from the state on Thursday moved a Delhi
court saying an adverse order against her would affect the
rights of citizens represented by her.
M Purushothaman, who came from Chennai to file the
application, submitted if an elected representative (Rajya
Sabha MP Kanimozhi) is arrested, it would affect the rights of
the citizens to participate in the affairs of their
constituency by means of their elected representative.
He said an MP is the "collective voice of the voters of a
constituency" and the special court should consider whether
the right of a voter held to be a fundamental by the apex
court would be affected if the elected representative is
detained or prevented in any manner from discharging her
constitutional duty to the constituency.
Special CBI judge O P Saini said he will pass an order
on the application on May 14 when he will decide the bail plea
of the 43-year-old daughter of Tamil Nadu Chief Minister M
Referring to Kanimozhi, the application said "a member of
Rajya Sabha not only expresses his or her opinion but also
expresses the collective opinion of the voters who have voted
for him or her."
He also submitted "it is the duty cast upon the MPs to
seek bail to be able to discharge their duties faithfully to
their voters and involve in continuous interaction with the
In his application, he also sought the court to consider
certain questions of law including "who will represent the
constituency if a sitting MP is arrested" and "whether an MP
accused in a case could be held under stringent house arrest
with permission to interact with the public to ensure
continuous interaction with the constituency".