The Chief Justice of India led Bench comprising of him and Justice Ravindra Bhat and JB Pardiwala dismissed the petition seeking a direction that a Minister would be temporarily be suspended from holding office if the minister has spent 2 days in Judicial Custody.

"You're saying that somebody who has undergone custody for 2 days, a representative of people, if they are under a situation, they should stand barred. That is a matter for the legislature to consider. Every representative represents an electorate. It's the Parliament who decides because if we do this, the electorate stands denied of representation in house." remarked the Chief justice of India. 

Justice Lalit further added that "You are saying that the moment someone goes to custody for 48 hours, he is suspended. That is something which becomes a personal disqualification. You're not trying to subserve a person- like Vishakha where you're trying to uplift someone. If we uphold your case, we're condemning someone. Every minister has to be a member of the house within 6 months. There is a Twilight period of 6 months, you're right. But that's the scheme of legislation we have adopted."

However, the bench refused to grant the petitioner any indulgence and the matter was dismissed as withdrawn.

Case details:-

W.P.(C) No. 463/2022

Ashwini Kumar    ...Petitioner

versus

Union of India & Ors    ...Rspondents