The Special CBI court on Saturday rejected the plea of a DMK supporter from Tamil Nadu that the bail application of party MP Kanimozhi be either referred to the Delhi high court or to the Supreme Court.
M. Purushothaman, a DMK supporter who came all the way from Chennai to file the application, submitted that if an elected representative is arrested, it would “affect the rights of the citizens” to participate in the affairs of their constituency through an elected representative.
After finding that the petition of Mr Purushothaman was without any merit, Special CBI Judge O.P. Saini dismissed it and said, “When an accused appears or is brought before the court and a bail application is moved by him/her, the same has to be disposed of as per provisions of the CrPC, which deals with the provisions as to bail and bonds. The submissions are contrary to the law.”
Mr Purushothaman said the special court should consider whether the right of a voter held to be a fundamental by the apex court would be affected if elected representative is detained or prevented in any manner from discharging her constitutional duty.