Crime and punishment

Sir, - Your Editorial and the letters ``Nuanced judgment'' and ``But intriguing'' of the same date: the following points arise for consideration. You have observed in your lucid Editorial that unless there are further developments on the legal front, Ms. Jayalalitha's eligibility to contest is likely to be settled by the three-member Election Commission on the study of the Madras High Court judgment. While dismissing the petition of Ms. Jayalalitha, the judge has made obiter dictum not enforceable by law.

Conviction follows an intentional wrong doing (mens rea) proved by evidence of moral certainty. Conviction is followed by a sentence which is a sanction behind the offence. Conviction and sentence are separate entities. The first is a genus and the second is its specie. The following important factors emerge for consideration: If the conviction is stayed, does it not tantamount to allowing the appeal itself which is pending? Disqualification under Section 8 of the Representation of the People Act shall be deemed to commence from the date of conviction. It is already on the run. Hence the ball is in the court of the Election Commission under electoral law and not otherwise. The State chooses certain offences for punishment and certain others for indemnification. In the instant case, both the elements of conviction and confiscation (Section 169 IPC) are present. Will not the stay of conviction tantamount to freedom of transfer of Tansi Land which may multiply time-consuming litigations? Is this the intention in the stay of conviction? Therefore, there can be no stay of conviction in public interest but only of sentence either contemporaneously or at a later point of judgment of a trial court. One concerns aspects of criminology and the other of penology.

Will the Election Commission enlighten the Returning Officers and the public on the issue of disqualification law?

M. Palanisami,

Chennai

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