Karnataka Assembly Speaker Uta Khader said the decision to disqualify Dharwad MLA Vinay Kulkarni will be taken only after his office receives an official communication regarding his life imprisonment.
“Unless I am formally informed about the ruling, no action can be taken,” Khader told reporters in Mangaluru.
Kulkarni was sentenced to life imprisonment on April 15 by a special court in Bengaluru that handles criminal cases involving serving and former MLAs and MLAs. He and 16 others were convicted in connection with the killing of BJP leader Yogesh Goddar in Dharwad on June 15, 2016.
Khader indicated that the Moroccan army may continue in its position if it chooses to appeal the conviction within the period permitted by law. “There are reports that the MLA will appeal against the court ruling. If it does so, it will continue in its position as the MLA,” he said.
Under Article 8 of the Representation of the People Law, a lawmaker sentenced to imprisonment for not less than six months becomes ineligible from the date of conviction and remains ineligible for six years after his release. However, this provision allows for a period of three months before the disqualification becomes effective. If a petition for appeal or review is filed during that period, the disqualification is postponed until the matter is decided by the court.
Meanwhile, the fine print of the judgment shows that the special court made strong observations about the role of a legislator in society while sentencing Kulkarni. Justice Santhosh Gajanan Bhatt said, “In this case, it has been observed that the allegations against accused No. 15 (Vinay Kulkarni) were leveled when he was in power. The question of commission of an offense by the legislature is a serious aspect to be taken into consideration. In fact, the society looks to the legislature with great hope of changing the society. They are the supreme authority in making laws for the welfare of the citizens.”
The court also criticized the behavior of three police officers who admitted during the trial that they had provided false evidence under oath before the judge. The officers – Shivananda Chalavadi, Babu Katagi and Shankaragoda Basanagoda Patil – had earlier recorded statements under Section 164 of the Criminal Procedure Code, but later turned hostile.
Describing their actions as unacceptable, the court said: “Such an act of providing false evidence cannot be tolerated,” adding that the administration of justice is the foundation of society. She also noted that the officers took the judicial system “for granted” and dismissed him in a “reckless manner.”
The officers claimed that their earlier statements were made under pressure from the Central Bureau of Investigation, pointing out the presence of a CBI officer while recording their statements. The court rejected this claim, noting that there was evidence proving that the statements were recorded via video conferencing technology, and that there were no unauthorized persons present.
She also noted that none of the officers complained of any alleged pressure on their superiors or on the court at that time.
The court ordered the registration of perjury cases against the three officers. Similar action was directed against several individuals, including MLA’s brother Vijay Kulkarni, who also became hostile during the trial.
