Amritpal Singh, who is the chief of the 'Waris Punjab De' outfit, and is lodged in Assam's Dibrugarh jail under the National Security Act, will fight the Lok Sabha polls from the Khadoor Sahib parliamentary constituency in Punjab as an Independent. However, the chief of 'Waris Punjab De' outfit is not the first one to do so.
What is the law for jailed politicians who wish to contest?
In Indian democracy and its judicial system, no one is barred from contesting elections unless convicted. If a person is convicted and sentenced to a jail term not less than two years, he/she stands disqualified automatically from contesting elections for six years from the date of release. “A person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section (1) or sub-section (2) shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release," reads the Section 8(3) in the Representation of the People Act, 1951.
Politicians who won from behind the bars
Mukhtar Ansari: In 1996, gangster-turned-politician Mukhtar Ansari contested the Mau Assembly seat in Uttar Pradesh on a BSP ticket against Congress heavyweight Kalpnath Rai while he was in prison and won. Mukhtar Ansari died last month.
Kalpanath Rai: Former Union minister Kalpanath Rai contested the 1996 Lok Sabha elections from behind bars and won the Ghosi constituency by defeating Mukhtar Ansari. The union minister is behind bars in 1996 in a TADA case.
Azam Khan: Senior leader Samajwadi Party leader and Rampur MLA Azam Khan won Uttar Pradesh Assembly elections, 2022 by by 55,000 votes while in jail. The leader convicted in an alleged hate speech case of 2019 and was disqualified from the Assembly seat.
Nahid Hassan: SP leader Nahid Hassan also contested the Kairana Assembly seat in 2022 from jail and won.
Shahabuddin: Late Shahabuddin won the Siwan seat from jail and won in 1999. He was later convicted of multiple murders and sentenced to life.
Akhil Gogoi: RTI activist from Assam Akhil Gogoi contested the Assam Assembly polls in 2021 from Sibsagar seat while he was in jail and won.
