He was born with the first breath India took after Independence and he, coincidently, became first to be charged of corruption in allotment of MBBS seats. Masood, one of the senior leaders and members of Upper House of Parliament, Rajya Sabha, was awarded a 4-year jail sentence. This case dated back to 1990s.
Rasheed Masood is not alone who is disqualified after conviction by a court. Former Bihar chief minister and Rashtriya Janata Dal (RJD) chief Laloo Prasad Yadav and his co-accused and former minister Jagdish Sharma were convicted and awarded five and four years jail term respectively in 17-year old fodder scam case and were disqualified from the membership of Parliament.
WHAT SUPREME COURT SAID
This is not the first time when politicians are convicted and awarded jail sentence, but it is first time when politicians are convicted and disqualified from the membership of parliament. This has happened after Supreme Court judgement given in July this year. In the said judgement the Supreme Court stated that an elected representative of people who is convicted and awarded a jail term of two or more years, will be disqualified from membership of the house.
Before these judgments, the court had convicted and awarded ten years jail terms to former Haryana chief minister and Indian National Lok Dal chief Om Prakash Chautala, his son Ajay Chautala along with 54 others accused JBT recruitment scam of 1999. But the Chautalas were not disqualified from membership of elected parliament or state assemblies because they were convicted before the Apex Court’s 10 July judgement.
Though in order to protect the politician from immediate disqualification, the Government of India introduced an amendment in Representation of People Act Bill 2013. Though this bill was approved by the cabinet but was not passed by the parliament. On the other hand, the government filed a review petition in the Supreme Court against its 10 July, 2013 order, but the Supreme Court refused to hear it.
WHAT SURVEYS, REPORTS SAID
According to a report telecast on BBC in February 2013, out of 4835 MPs and state legislators 1448 declared criminal cases against them, out of which 641 were of serious nature like murder, rape, kidnapping, etc. Out of 206 of Congress Party MPs 44 declared criminal charges against them. Six legislators in state assemblies are facing rape charges. Apart from that 29 of 58 ministers of Uttar Pradesh have criminal records. According to a report in December 2008, out of 523 Parliamentarians 120 were accused of crime.
WHO ARE IN THE ROW
There are a number of Indian politicians who are facing trial or booked in criminal cases. They include Haryana ex-CM Om Prakash Chautala, his two sons Ajay and Abhay Chautala, Delhi ex-MP Sajjan Kumar and Jagdish Tytler, Suresh Kalmadi, Jagan Reddy, A Raja, K Kanimojhi, Gopal Kanda and many others. These politicians may face disqualification if they are tried and sentenced for more than two years jail term.