Voters have right to know criminal antecedents of candidates: Supreme Court

Agencies
August 28, 2018

New Delhi, Aug 28: The Supreme Court today said the voters have a right to know the antecedents of candidates and the Election Commission could be asked to direct political parties to ensure that persons, facing criminal charges, do not contest on their tickets using their poll symbols.

After making these observations, a five-judge constitution bench headed by Chief Justice Dipak Misra reserved the judgement on a clutch of petitions after the parties including the poll panel and the Centre concluded their arguments.

The top court is dealing with the question whether a legislator facing criminal trial can be disqualified at the stage of framing of charges in a case. Presently, lawmakers are barred at the time of conviction. 

The bench's observation on the voters' right to know the candidates came in the backdrop of strong opposition from the Centre that the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls.

"The intention of the Lordships is laudable. But the question is whether the court can do it. The answer is 'no'," Attorney General K K Venugopal, representing the Centre, told the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

He was responding to a suggestion by the bench that persons, facing criminal charges, would be free to contest, but they cannot do so on party ticket using the party election symbol.

"The voters have the right to know the candidates. Actually, a party can allow a person to contest on its ticket. But a person cannot contest on its ticket if he discloses the criminal antecedent," the bench said, adding that this direction may be given by the Election Commission to the political parties.

"They (people facing criminal charges) can contest elections, but they will not contest on the party ticket because he has this kind of stigma," the bench said.

Referring to the concept of presumption of innocence until a person is proven guilty, Venugopal said depriving a person from contesting elections on a party ticket would amount to denial of the right to vote, which also included the right to contest.

He referred to various judgements and said the expression of criminal antecedent was "extremely vague". Moreover, "presumption of innocence is central to our criminal jurisprudence. A person is innocent until proven guilty." 

The courts will have to presume innocence in view of the fact that in 70 per cent cases, accused are being acquitted, he said, adding that the high rate of acquittals could be due to deficiencies in the judicial system.

Parliament has made a distinction between an accused and a convict and there has been a provision for disqualification in the Representation of Peoples Act upon conviction of a lawmaker, he said.

The bench took note of Venugopal's submissions and asked his son and senior advocate Krishnan Vengopal, who is representing a PIL petitioner, to address on the objections raised by the government.

"The arguments (of the Centre), if I understood correctly, is two folds. Going back from the conviction stage to charge framing stage (for disqualifying a lawmaker) is against the concept of presumption of innocence," Justice Nariman said.

The judge also posed whether the court would not be "creating another" kind of disqualification by denying a person facing criminal charges to contest on a party ticket and symbol.

"Can we add or attach more conditions," the bench asked, adding whether the court, expressing concern over rising population, can ask the poll panel to ensure that candidates, having more than two children, do not contest panchayat polls.

Senior advocate Meenakshi Arora, appearing for the poll panel, took a view which was apparently opposite to the Centre and said the recommendations for decriminalising politics were made by the Election Commission and the Law Commission way back in 1997 and 1998, but no action was taken on them.

She exhorted the court to issue the direction in the matter besides asking Parliament to make the suitable law.

"We cannot comment on Parliament," the bench said, while reserving the order. 

The bench was hearing the PILs filed by NGO 'Public Interest Foundation' and Upadhyay.

Senior advocate Krishnan Venugopal, appearing for BJP leader Ashwini Upadhyay, said the court may ask the poll panel to ask political parties not to allow tainted candidates to contest on their tickets and symbols. "Can the court allow a person, against whom charges have been framed, to become a judge. The answer is 'no'".

The principle that "Caesar's wife must be above suspicion" should be made applicable in case of politicians also, he said.

The bench responded by saying that due to this, it was contemplating that political parties be asked to disclose the antecedents of their members so that the electors "have the right to informed choice".

"We will see as to what we can do on disclosure," the bench said, adding that the parties may be asked to put the information about their members well in advance before the elections.

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News Network
May 11,2020

New Delhi, May 11: Former prime minister Manmohan Singh is stable and under observation at the AIIMS here after suffering reaction to a new medication and developing fever, hospital sources said on Monday.

The 87-year-old Congress leader was admitted to the hospital on Sunday evening after he complained of uneasiness. He has now been shifted out of the ICU.

The sources said that Singh had developed a reaction to a new medication and further investigation is being carried on him to rule out other causes of fever.

"Dr Manmohan Singh was admitted for observation and investigation after he developed a febrile reaction to a new medication," the sources said.

"He is being investigated to rule out other causes of fever and is being provided care as needed. He is stable and under care of a team of doctors at the Cardiothoracic Centre of AIIMS," they said.

"All his parameters are fine. He is under observation at the AIIMS," a source close to him has said.

Singh, a senior leader of the opposition Congress, is currently a Member of Rajya Sabha from Rajasthan. He was the prime minister between 2004 and 2014.

In 2009, Singh underwent a successful coronary bypass surgery at the AIIMS. A number of leaders expressed have expressed concern over his health and wished him a speedy recovery.

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News Network
February 4,2020

New Delhi, Feb 4: Senior BJP leader and Defence Minister Rajnath Singh on Monday accused Delhi's ruling Aam Aadmi Party of not implementing the central government's schemes in the national capital.

Addressing an election rally in Moti Bagh, he also sought to allay fears over the Citizenship Amendment Act (CAA), assuring the gathering that the legislation will not take away anyone's citizenship.

Singh alleged that the Chief Minister Arvind Kejriwal-led Delhi government did not do anything in the last five years.

The AAP had promised to add 5,000 buses to the fleet of the Delhi Transport Corporation (DTC), but instead the number has come down by 1,000, he claimed.

The Union minister said the AAP dispensation did not implement central schemes in Delhi fearing that the popularity of the Prime Minister Narendra Modi-led government will grow among Delhiites.

Pension schemes and the Centre's flagship health insurance scheme, Ayushman Bharat Yojana, are some of those that the Kejriwal government did not allow to be implemented in Delhi.

On the anti-CAA protests, Singh said that the opposition parties have been spreading "lies" about amended citizenship law and the National Population Register (NPR).

"The CAA will not take away anyone's citizenship. The opposition parties are spreading lies about the CAA. There should be no such politics over this. Some people are trying to write the history of the country with the ink of hatred," he said.

The culture of India is such that it considers the entire world one family, he said.

Delhi goes to polls on February 8. The results will be declared on February 11.

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News Network
May 30,2020

Coronavirus lockdown in India has been extended till June 30 with more relaxations.

While the lockdown has been extended in containment zones, relaxations outside containment zones include reopening of religious places for public  from June 8. 

Hotels, restaurants and shopping malls also to open from June 8. Decision on opening educational institutions to be taken in July.
 

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