BHUBANESWAR: This election season, most bail applications moved in several lower courts in Odisha have a common, yet unusual prayer from undertrial prisoners – “My Lord, my client may kindly be considered for bail to enable him to cast his vote“.
Though the number of such petitions and whether bail was granted on the ground are not known, legal experts said they came across this trend for the first time.The state votes in simultaneous Lok Sabha and assembly polls in four phases from May 13 to June 1.
According to human rights campaigner and lawyer Biswapriya Kanungo, there were some recent instances of UTPs appealing to different courts.
Under Section 62(5) of Representation of the People Act, 1951, people in police custody and those serving a sentence of imprisonment after conviction cannot vote. Undertrial prisoners too are prohibited from participating in elections even if their names are on the electoral rolls.
Going by the rules, at least 17,500 prisoners, including 13,800 UTPs (78 per cent ) could not cast their votes in 2019 elections. Currently, 18,565 prisoners, including 15,200 (82 per cent ) UTPs, are lodged in 87 jails across Odisha.
“If a convicted politician can contest elections after getting his or her conviction stayed by a court, why can’t UTPs, who should not be called convicts until they are proven guilty, vote? A law should come to allow such prisoners to cast their votes,” said Kanungo.
Though the number of such petitions and whether bail was granted on the ground are not known, legal experts said they came across this trend for the first time.The state votes in simultaneous Lok Sabha and assembly polls in four phases from May 13 to June 1.
According to human rights campaigner and lawyer Biswapriya Kanungo, there were some recent instances of UTPs appealing to different courts.
Under Section 62(5) of Representation of the People Act, 1951, people in police custody and those serving a sentence of imprisonment after conviction cannot vote. Undertrial prisoners too are prohibited from participating in elections even if their names are on the electoral rolls.
Going by the rules, at least 17,500 prisoners, including 13,800 UTPs (78 per cent ) could not cast their votes in 2019 elections. Currently, 18,565 prisoners, including 15,200 (82 per cent ) UTPs, are lodged in 87 jails across Odisha.
“If a convicted politician can contest elections after getting his or her conviction stayed by a court, why can’t UTPs, who should not be called convicts until they are proven guilty, vote? A law should come to allow such prisoners to cast their votes,” said Kanungo.