Undertrial Also Barred From Voting As Per Section 62(5) RP Act; Allowing Prisoners To Vote Doesn’t Strengthen Democracy

Case: Mohammad Nawab Mohammad Islam Malik @ Nawab Malik versus The Directorate of Enforcement and Anr.

Coram: Justice NJ Jamadar

Case No.: Bail Application No.1787 Of 2022

Court Observation: “If a full play is given to the provisions contained in section 2(d) and Section 62(5) of the RP Act 1951, an inference becomes inescapable that a person in custody, either post conviction or during the course of investigation or trial, is prohibited from casting vote in any election”

“It would be suffice to note that the concept of ‘democracy’ transcends ‘electoral democracy’. Purity of electoral process and probity of the participants therein, are also of equal significance in strengthening the democratic principles…..I am, therefore, not inclined to accede to the broad proposition that permitting the persons (who are otherwise not qualified to vote in the election) strengthens the democracy,”

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Keywords

Undertrial, Barred From Voting,

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