Subba case: SC says no power to unseat MP

The court said the procedure for disqualification could only be initiated according to the provision of Article 103 of the Constitution. You may go to the President for appropriate remedy, it said.

Appearing for the MP,senior advocate Abhishek Manu Singhvi said three certificates had been procured from Nepal and it would be appropriate for the investigating agency (CBI) to look into the matter.

On being informed that the documents received from Nepal Foreign Affairs Ministry revealed that he was not a Nepali citizen,the CJI remarked,But it does not mean that hes an Indian citizen.

Additional Solicitor General Gopal Subramanium,appearing for the CBI,said there was a need to investigate what was stated in the affidavit filed by Subba on the issue of his nationality and sought some time to conduct a fresh inquiry. Acceding to the request of the CBI to file a supplementary report on Subbas citizenship,the court granted it six weeks and posted the matter thereafter.

The petitioner has alleged that the Lok Sabha MP and lottery baron had come to India after a murder case was registered against him in Nepal in early 1970s. The CBI has said the documents provided by him relating to the alleged murder case could not be verified as the reply from Kathmandu was awaited.