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Person not eligible for election
if conviction not stayed: AG

Attorney General Soli Sorabjee on Monday said that corruption among politicians did not seem to be a major issue with Indians and with people in other parts of South Asia. He said this in the context of the swearing-in of J Jayalalitha as Tamil Nadu chief minister despite being convicted in a corruption case.

He refused to comment on the issue, but felt there was a 'strong view' that a convicted person is not eligible to contest elections if the conviction is not stayed.

"The governor thought there was no legal impediment in the way of Jayalalitha being sworn in and there are two opinions - and one of them, a strong one, is that if the conviction is not stayed, the person is not eligible for election," he told Asia Today programme of BBC World on Monday night.

He, however, hastened to add he could not say any more about it because 'it's likely I may have to take a stand in the court of law on this issue'.

Asked whether there was a question of morality on the issue, Sorabjee said "I don't think morality plays very much in the elections, and as far as I can see corruption doesn't seem to be a very major issue with the people not only in India but in other parts of South East Asia as well."

To a question whether there was a growing disenchantment among the people about corruption cases like Bofors, which has been dragging on for more than ten years, he said, "The wheels of the criminal justice system move slowly. But don't forget the conviction of former prime minister Narasimha Rao. Jayalalitha has also been convicted."

He said the courts were under too much pressure. "They should take up these cases on a day-to-day basis and be very strict about requests for adjournment, which are made on account of the counsel's illness or the client's illness."

Asked what he as the Attorney General proposed to do to speed up justice, Sorabjee said in the Indian system 'this really falls under the lot of the law minister."

He said he had started a scheme known as fast track courts, which will recruit the services of retired judges and "We do hope to clear pending cases as soon as we can."

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