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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Agencies
June 25,2020

New Delhi, Jun 25: The Supreme Court on Thursday asked the Centre and the CBSE to issue fresh notification in connection with Class 12 exams, clarifying the option between internal assessment and exams later.

The observation from the top court after it was informed that the CBSE has decided to cancel the remaining board exams for Class 10 and Class 12.

A bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna asked the Centre to clarify the issue of taking the option between internal assessment and exams later.

"Clarify the date of results," said the bench, noting that the CBSE will have to submit a fresh draft notification cancelling class 12 Board exams and affidavit on Friday morning, before the top court continues to hear the matter again at 10.30 a.m.

The apex court also sought clarity on the beginning of the new academic year.

It told Solicitor General Tushar Mehta, representing the Centre, that the CBSE is willing to conduct exams when the situation is conducive, but this may vary from state to state. "Will the decision be taken by a central authority or will the state government take the decision? How are you going to deal with that situation?"

Mehta replied that the decision must be taken according to the situation. To this, the bench said should not the solution be pan-India?

"You have not said when you will decide on this issue, and when you will take stock of these things. Some time frame will have to be given," noted the bench.

Continuing its queries, the bench said: "What about state regional board exams... the CBSE does not hold all the exams. The state Board is also there."

Mehta replied that the instructions from the controller of examinations are that exams are controlled centrally. "State boards assist the CBSE," he replied.

The bench observed that the government should modify the draft notification and include the state board issue. "Clear the stand that decision will be taken at the central level and not at the state level... other courses will have to be delayed till CBSE exam results come out," it said.

Mehta replied the assessment results will be published now, and if a student wants to opt to give the exam, then that will be conducted later. The top court asked Mehta to bring this on record and redraft the notification.

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Agencies
July 20,2020

New Delhi, Jul 20: Reiterating that China has still occupied India's territory, Congress leader Rahul Gandhi on Monday attacked Prime Minister Narendra Modi saying that he has fabricated a fake strongman image to come to power which has now become India's biggest weakness as he has to protect the idea of 'Chhapan Inch'.

Taking to Twitter, the Congress leader posted a video message and wrote, "PM fabricated a fake strongman image to come to power. It was his biggest strength. It is now India's biggest weakness."

In the video message, speaking on "China's Strategic Game Plan" the Congress leader said: "What is China's strategic and tactical game plan? It is simply not a border issue. The worry I have is that the Chinese are sitting in our territory today. Chinese don't do anything without thinking about it strategically."

"In their mind, they have mapped out the world and they are trying to shape the world. That's the scale of what they are doing. That's what Gwadar is, that is what belt and road is. It is a restructuring of the planet. So when you are thinking about the Chinese you have to understand that that is the level at which they are thinking," he added.

Now at the tactical level, they're trying to improve their position. Whether it is Galwan, whether it's Demchok or whether it is Pangong Lake. The idea is to position themselves, he said.

"They are disturbed by our highway they want to make our highway redundant and if they are thinking larger scale, they want to do something with Pakistan in Kashmir. So it is not simply a border issue. It is a border issue designed to put pressure on the Prime Minister of India," the Congress leader said.

"And they are thinking of putting pressure in a very particular way. And what they are doing, is that they are attacking his image. They understand that it in order for Mr Narendra Modi to be an effective politician; in order for Mr Narendra Modi to survive as a politician, he has to protect the idea of--Chhapan Inch. And this the real idea the Chinese are attacking. They are basically telling Mr Narendra Modi that if you do not do what we say, we will destroy the idea of Mr Narendra Modi as a strong leader," he added.

Gandhi continued saying, now the question is, how will PM Narendra Modi react. Will he take them on? Will he take on the challenge and say absolutely not, I'm the Prime Minister of India. I do not care about my image I'm going to take you on. Or will he succumb to them?

"The worry I have so far is that the Prime Minister has succumbed. The worry I have is, the Chinese are sitting in our territory today and the Prime Minister has said publicly they are not, which to me tells me that is worried about his image and defending his image," said Gandhi.

"And if he allows the Chinese to understand that they can manipulate him because of his image, the Indian Prime Minister will no longer be worth anything for India," he added.

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News Network
April 21,2020

New Delhi, Apr 21: Tablighi Jamaat leader Maulana Saad Kandhalvi, who has been booked by the Delhi Police for holding a religious congregation here during the lockdown, on Monday urged the followers of the organisation to pray at home in the month of Ramzan.

"I request all, both in India and abroad, to strictly follow the guidelines and instructions of the local or national governments and till the time restrictions are in place and please observe prayers at home. And even in this, we should not invite people from outside," he said in a statement.

Ramzan begins later this week.

While addressing an online briefing on Sunday, Chief Minister Arvind Kejriwal cited the Tablighi Jamaat congregation last month, a major hotspot, and the large inflow of travellers from other countries to Delhi as the reasons for the spread of the virus, and said the city was "fighting a difficult battle".

The Delhi Police crime branch, had on March 31, lodged an FIR against seven people, including the cleric, on a complaint by the Station House Officer of Nizamuddin police station for holding the congregation in alleged violation of the orders against large gatherings to contain the spread of coronavirus.

Later, the Indian Penal Code Section 304 (culpable homicide not amounting to murder) was added to the FIR.

The cleric is wanted by the Delhi Police and he responded twice to them. He is currently under home quarantine.

In an audio message released earlier this month, Kandhalvi had said he was exercising self-quarantine after several hundreds who visited the congregation at Nizamudddin Markaz tested positive for coronavirus.

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