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LATEST NEWS UPDATES | SC seeks Centre’s response on barring criminals from contesting elections -Dhananjay Mahapatra

SC seeks Centre’s response on barring criminals from contesting elections -Dhananjay Mahapatra

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published Published on Aug 20, 2013   modified Modified on Aug 20, 2013
-The Times of India


NEW DELHI: The Supreme Court on Monday gave a last opportunity to the Centre to break its long silence over Election Commission's suggestion to ban those facing trial for heinous offences from contesting elections.

Almost eight months after it directed the Centre and the EC to "positively" file its response to a PIL seeking a series of directions to ensure that those with criminal track records do not enter the political arena, a bench of Justices R M Lodha and Madan B Lokur was perturbed by the Centre's stony silence on such a crucial issue.

Pursuant to the January 2 order, the EC had filed its affidavit agreeing with petitioner NGO 'Public Interest Foundation', which requested the court to frame guidelines for decriminalization of politics, but the Centre was found begging for one more opportunity to file its response.

When additional solicitor general Paras Kuhad asserted that the Centre has taken a series of measures to decriminalize politics, the bench asked him to file the response in six weeks, with a clear warning that no more opportunity would be given to the government.

The main issue before the court was whether the government could be asked to consider feasibility of enacting legislation to deal with the menace of criminalization of politics and debar those charged with serious offences from contesting elections of any kind.

Importantly, the bench also directed the Centre to detail in its affidavit steps taken to implement the court's 1997 judgment in Dinesh Trivedi case, where it had dealt with the Vohra Commission report on pervasive nexus between politicians, bureaucrats and police with crime syndicates and ordered setting up of an institutional mechanism like Lokpal to investigate the high and mighty uninfluenced by their clout.

The court in its judgment had said, "In view of the seriousness of the charges involved and the clout wielded by those who are likely to become the focus of investigation, it is necessary that the body which is entrusted with the task of following the investigation through to the stage of prosecution, be such that it is capable of enjoying the complete trust and confidence of the people.

"The nodal agency, in its present form, may not command the confidence of the people in this regard; this isa serious handicap for, in such matters, people's confidence is of the essence. An institution like the ombudsman or a Lokpal, properly set up, could command such confidence and respect.

"To this end, and in the absence of any existing suitable institution or till its creation, we recommend that a high level committee be appointed by the President of India on the advice of the prime minister, and after consultation with the Speaker of the Lok Sabha. The committee shall monitor investigations involving the kind of nexus referred to in the Vohra Committee report and carry out the objectives described earlier."

The EC through Meenakshi Arora told the court that it had written to the PM in 1997 expressing serious concern and anxiety over growing criminalization of politics. Another letter by the EC to the PM was sent on October 26, 2006 which in content was identical to the 1997 letter, she said.

The EC's suggestion that anyone against whom the trial court has framed charges in an offence punishable by five years imprisonment or more should be disqualified from contesting election even when the trial was pending. But a concerned parliamentary committee had on February 2007 disagreed with EC.

However, EC said that "the matter is understood to have been under re-consideration by the ministry of law and justice to consider disqualification of persons in cases where charges concerning heinous offences have been framed by the court".

EC said if its suggestion of debarring persons facing heinous charges from contesting elections were accepted it would "go a long way in cleansing the political establishment from the influence of criminal elements and protecting the sanctity of the legislative houses."


The Times of India, 20 August, 2013, http://timesofindia.indiatimes.com/india/SC-seeks-Centres-response-on-barring-criminals-from-contesting-elections/articleshow/21927976.cms


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