Can't Debar Persons Charged For Serious Offences From Elections, Says Supreme Court During Hearing
While hearing a PIL to debar persons against whom charges have been framed in serious offences from contesting in elections, the Supreme Court on Monday orally observed that it cannot pass a direction to debar persons who are chargesheeted for serious offences from contesting elections."The prayer is to debar persons against whom charges have been framed in serious offences from standing...
While hearing a PIL to debar persons against whom charges have been framed in serious offences from contesting in elections, the Supreme Court on Monday orally observed that it cannot pass a direction to debar persons who are chargesheeted for serious offences from contesting elections.
"The prayer is to debar persons against whom charges have been framed in serious offences from standing in elections. Obviously, such a prayer cannot be granted", a bench comprising Justices KM Joseph and BV Nagarathna orally remarked while hearing a PIL filed by BJP leader Ashwini Upadhyay.
The bench also observed that what constitutes as serious or grave offence should be defined.
"First you need to identify what are serious offences", a Bench led by Justice KM Joseph said.
The Additional Solicitor General appearing for the Union agreed with the Bench.
"In today's times, are these (grave) offences confined to IPC? We need to examine that. Suppose I'm representing NIA, then I'm persuading your Lordships that ABC is a serious offence. It will be depending on prosecution agencies also", he said.
It has to be defined, Justice BV Nagarathnam who also was part of the Bench, reiterated.
The ASG also stated that the accused is innocent until proven guilty and so, the accused could always contest the framing of the charges.
"The legislative architecture of CrPC gives several chances to the litigant to present his case. We are looking into all these aspects".
When questioned on the Law Commission's report on the subject, the ASG said that he wasn't able to go through it.
The Court then stated that the main prayer in the petition can't be allowed.
The Bench then showed interest in knowing the Election Commission of India's stand.
Counsel for the ECI informed that a detailed counter had been filed.
"He (petitioner) wants to amend certain Provisions under the Election Symbols (Reservation and Allotment) Order, 1968 which deals with registration and recognition of a party. He is saying that we should add one section in that and debar those candidates having found to be involved in serious offences. Symbol is party-centric, not candidate-centric. That's a specific point we have raised in our counter".
Upadhyay then stated that there are 43% of MPs with criminal charges currently. "Political parties are public authorities. They have a manifesto and the government implements that manifesto. Indirectly, we are run by political parties, not by the government. The parties decide who becomes the CM, ministers, governor, etc."
The ASG immediately questioned the basis of the data.
The Court then granted 4 weeks-time to the Centre to file a counter and listed for the matter to come up on July 21.
As the matter drew to a close, Justice Joseph indicated that he won't a part of the Bench hearing the case in July as he's retiring on June 16.
The petition filed in this regard stated that in 1999, the Law Commission in its 170th report, suggested many measures to regulate the functioning of political parties. But the Centre failed to implement it.
Highlighting the severity of the situation, the petition also gave detailed figures to strengthen its case.
"There is an increase of 44% in the number of MPs with declared criminal cases since 2009. Similarly, 159 winners (29%) winners in the Lok Sabha 2019 Elections have declared serious criminal cases including cases related to rape, murder, attempt to murder, kidnapping, crimes against women etc. Out of 542 winners analysed during Lok Sabha Elections in 2014, 112 (21%) winners had declared serious criminal cases against themselves."
Permitting criminals to contest elections and become legislators will have serious ramifications and affect the country's democracy and secularism, the plea asserted. Also, during the electoral process, they deploy enormous amounts of illegal money in attempt to influence voters and intimidate rival candidates, the plea pointed out.
Case Title: Ashwini Kumar Upadhyay Versus Union Of India And Ors | W.P.(C) No. 1142/2020 Pil-W