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
January 24,2020

Davos, Jan 24: Pakistan Prime Minister Imran Khan claimed that he met with a “brick wall” when he approached Indian Prime Minister Narendra Modi with a peace proposal, soon after assuming office.

In an interview to Foreign Policy magazine on the sidelines of WEF 2020 here, Khan also said he told Modi that Pakistan will act firmly if it was given evidence of any involvement in the Pulwama terror attack, but India instead “bombed” Pakistan.

Tensions have escalated between the two countries, following India withdrawing the special status of Jammu and Kashmir in August 2019. Even since, Khan has been trying to seek global intervention to de-escalate the tensions between the two countries.

On Thursday, India's External Affairs Ministry spokesperson Raveesh Kumar categorically ruled out any third party role on the Kashmir issue, asserting that any issue between the two countries should be resolved bilaterally.

In the interview, Khan said that he is a firm believer that military means are not a solution to ending conflicts. “After assuming office, I immediately reached out to Prime Minister Modi. I was amazed by the reaction I got, which was quite weird.

The subcontinent hosts the greatest number of poor people in the world, and the best way to fight poverty is to have a trading relationship between the two countries rather than spending money on arms. This is what I said to the Indian Prime Minister. But I was met by brick wall,” Khan said.

Khan took charge as Prime Minister in August 2018. Referring to the suicide attack in Pulwama, Khan said he immediately told Modi ,“if you can give us any actionable intelligence (that Pakistanis were involved), we will act on it. But rather than do so, they bombed us.”

Noting that the both countries are not close to conflict right now, Khan said that it is important that the UN and the US act.

When asked about US President Donald Trump’s close relationship with Modi, Khan said the relationship is understandable because India is a huge market. “My concern is not about the US-India relationship. My concern is the direction in which India is going,” Khan said.

Khan also sought to compare the events in India to what happened in Nazi Germany.

“Between 1930 and 1934, Germany went from a liberal democracy to a fascist, totalitarian, racist state. If you look at what is happening in India under the BJP in the last five years, look where it's heading, you'll see the danger. And you're talking about a huge country of 1.3 billion people that is nuclear-armed,” he said.

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Agencies
August 2,2020

New Delhi, Aug 2: BCCI president Sourav Ganguly on Sunday said the Women's IPL or the Challenger series, as it is better known, is "very much on", ending speculation about the parent body not having a plan for Harmanpreet Kaur and her team.

The men's IPL will be held between September 19 and November 8 or 10 (final date yet to be locked in) in the UAE due to the surge in Covid-19 cases in India. The women's IPL will also be fit in to the schedule, according to the BCCI chief.

"I can confirm to you that the women's IPL is very much on and we do have a plan in place for the national team also," Ganguly told PTI ahead of the IPL Governing Council meeting later on Sunday.

The BCCI president, who is awaiting a Supreme Court verdict on waiver of the cooling-off period to continue in the position, did not divulge details but another senior official privy to the development said that women's Challenger will be held during the last phase of IPL like last year.

"The women's Challenger series is likely to be held between November 1-10 and there could be a camp before that," the source said.

The former India captain also said that the centrally contracted women players will have a camp which has been delayed due to the prevailing situation in the country.

"We couldn't have exposed any of our cricketers -- be it male or female to health risk. It would have been dangerous," Ganguly said.

"The NCA also remained shut because of Covid-19. But we have a plan in place and we will have a camp for women, I can tell you that," he added.

The BCCI's cricket operations team is chalking up a schedule where Indian women are likely to have two full-fledged white-ball series against South Africa and the West Indies before playing the ODI World Cup in New Zealand. 

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Agencies
May 22,2020

New Delhi, May 22: The number of COVID-19 cases averted due to the lockdown is in the range of 14-29 lakh, while the number of lives saved is between 37,000 and 78,000, the government said on Friday citing various studies, and asserted that the unprecedented shutdown has paid “rich dividends” in the fight against the pandemic.

The lockdown in India has been a timely, graded, proactive and pre-emptive public health measure to fight the COVID-19 pandemic and has been part and parcel of the government’s overall strategy, Dr V K Paul, Member (Health), NITI Aayog, and Chairman, Empowered Group 1, said at a media briefing on the COVID-19 situation.

The government imposed the nationwide lockdown from March 25 to prevent the spread of the novel coronavirus and it is currently in its fourth phase.

Like the number of cases, the growth rate of number of COVID-19 deaths too has fallen significantly due to the lockdown, marking a notable difference between pre-lockdown and post-lockdown situations, he said.

At the briefing, Pravin Srivastava, Secretary, Ministry of Statistics and Programme Implementation gave model-based estimates on COVID-19 cases and deaths which have been prevented due to the lockdown.

As per Boston Consulting Group's model, the lockdown saved between 1.2 lakh and 2.1 lakh lives, while the number of COVID-19 cases averted is between 36 lakh and 70 lakh, he said.

According to Public Health Foundation of India, nearly 78,000 lives have been saved due to the lockdown, Srivastava said.

Citing a model by two independent economists, he said that around 23 lakh COVID-19 cases and 68,000 deaths have been averted due to the lockdown.

Some independent experts, including retired scientists, have calculated that around 15.9 lakh cases and 51,000 deaths have been averted due to the lockdown, Srivastava said.

A joint study by the Ministry of Statistics and Programme Implementation and the Indian Statistical Institute found that around 20 lakh COVID-19 cases and 54,000 deaths were averted due to lockdown, he said.

The number of COVID-19 cases averted due to the lockdown is in the range of 14-29 lakh, while the number of lives saved is between 37,000 and 78,000, the official said.

“We are fully confident that the lockdown, with full public cooperation, has reaped rich dividends,” Srivastava said.

The strong defence of the lockdown, comes a day after the health ministry said the period of lockdown has been gainfully utilized to ramp up the health infrastructure, with around 3,027 dedicated COVID-19 hospitals and 7,013 care centres being readied across the country to fight the disease.

The announcement on Thursday came after some media reports questioned the country's preparedness to deal with the highly infectious disease.

"There are reports in a section of the media about some decisions of the government regarding the lockdown implementation and response to COVID-19 management. The period of the lockdown has been gainfully utilised to ramp up the health infrastructure in the country," the ministry had said.

Addressing the press briefing on Friday, joint secretary in the health ministry Lav Agarwal said 48,534 COVID-19 patients, which is about 41 per cent of the total cases, have recovered so far. As many as 3,234 patients have recovered in the last 24 hours, he said’

The COVID-19 mortality rate has dropped from 3.13 per cent on May 19 to 3.02 per cent as focus was on containment measures andclinical management of cases, Agarwal said.

An ICMR official said 27,55,714 tests for COVID-19 have been conducted till 1 pm Friday with 1,03,829 tests done in one day. Over 1 lakh tests for COVID-19 have been done each day for the last four days, the official said.

The growth rate of novel coronavirus cases witnessed a steep decline from Apr 4 when lockdown put a brake on the speed of increase of cases, V K Paul said.

The number of COVID-19 cases would have risen exponentially had the lockdown not been implemented, he said, adding that the doubling rate of cases was 3.4 days when the lockdown started and it is 13.3 days at present.

The COVID-19 outbreak in India has remained confined to limited areas with 80 per cent of active cases in just five states, Paul said

He said around 80 pc of COVID-19 deaths have been in Maharashtra, Gujarat, Madhya Pradesh, West Bengal and Delhi. 

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