NEW DELHI, Jan 6 : The Supreme Court today observed that a sitting MP cannot be unseated by the court and the petitioner, who is seeking disqualification of Mr Mani Kumar Subba, the Congress MP from Tezpur in Assam, on the grounds that he is not a citizen of India, should approach the appropriate authority as provided under Article 103 of the Constitution.
The oral observations were made by a Bench, comprising Chief Justice Mr KG Balakrishnan, Justices Mr Markandey Katju and Mr P Sathasivam, during the hearing of a PIL alleging that the MP is a Nepal national, who had allegedly escaped from a jail in the Himalayan nation, where he was serving sentence in a murder case and is illegally staying in India.
The counsel for the petitioner contended that the CBI was not able to collect any evidence to show that Mr Subba was born in India and even the MP himself was not able to show any documentary proof that he was an Indian national.
Additional Solicitor General Gopal Subramaniam, appearing for the CBI, however, sought more time to submit his report to the apex court following further investigation into the matter.
According to the petitioner, Mr Parinder Nath Singh, the Congress MP was in fact Mr Mani Kumar Limbo, who was convicted in a murder case by a court in Nepal.
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