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
March 27,2020

New Delhi, Mar 27: The Delhi government has arranged to serve lunch and dinner to the needy in 325 schools in Delhi, chief minister Arvind Kejriwal said on Friday amid reports of people going hungry without access to food during the ongoing nationwide lockdown.

From Saturday, arrangements will be put in place to feed about four lakh people daily at different centres across Delhi, he said addressing the media. "We have made arrangements to provide lunch and dinner in 325 schools. Around 500 people will be provided with food in all these schools. So far we were providing food to 20,000 people daily, the number will now increase to around 2,00,000 from today."

He also said that "from tomorrow, we'll be providing food to 4,00,000 people daily. We're distributing the centres across Delhi."

Stating that the total number of confirmed positive COVID-19 cases in Delhi is now 39, Kejriwal said "We are ready to face any challenge.".

"There are a total of 39 coronavirus positive cases in Delhi as of today, of which 29 cases are of those who had come from outside and were kept in quarantine and 10 of these were cases of local transmission," said Kejriwal at a press conference.

The Chief Minister said that a team of 5 doctors has been set up to look into the preparedness needed to deal with an increase in the number of positive cases for coronavirus in future.

He said, "The team of doctors under the chairmanship of Dr Shiv Kumar Sarin, the head of Institute of Liver and Biliary Sciences, presented a detailed report on March 26 on the preparedness needed to deal with a situation if the number of positive cases for coronavirus increases."

"The report has categorized three situations - if the number of positive cases increases to 100 per day, 500 per day and 1000 per day," he said while adding that the doctors have clearly stated what preparedness should be taken for each situation including the number of ventilators, isolation beds, doctors and nurses required.

He also cited concerns raised by chief ministers of several states including Jharkhand's Hemant Soren and West Bengal's Mamata Banerjee.

Kejriwal said "we consider all those living in Delhi as Delhiites and everyone will be taken care of."
The number of cases tested positive for coronavirus rose to 724 on Friday, according to the Ministry of Health and Family Welfare. 

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Agencies
February 23,2020

Rajghat, Feb 23: The maternal uncle of Dr Kafeel Khan, who was recently arrested for allegedly making inflammatory statements during anti-CAA protests, was shot dead in front of his house at Bankatichak in Rajghat area, police said on Sunday.

Dr Nusratullah Warsi aka Dada (55), a property dealer, was shot dead on Saturday night at about 10:45 pm and an FIR against two people was filed in this connection on a written complaint of his family members.

According to police, it appears to be a case of murder due to monetary and property dispute and they are searching for both the accused.

Dr Kafeel Khan, suspended doctor of Gorakhpur BRD Medical College, was last month arrested under charges of giving a provocative speech during a protest against the CAA and NRC at Aligarh Muslim University and was later charged with the National Security Act.

Warsi on Saturday evening had gone to his lawyer Siraj Tariq's house, a few metres away from his own house, and was returning home on foot when a man shot him in his head, killing him on the spot.

"On the written complaint of family members, case of murder against one Imammuddin and Anil Sonkar has been registered and police has initiated probe and is searching for both the accused. Police met the women in their house and is interrogating them," Circle Officer VP Singh said.

Prima facie it appears to be a case of property and money dispute, he said, adding, three teams have been constituted to investigate the case and soon the accused will be caught.

Dr Kafeel Khan had last month raised apprehension in a Mumbai court about being killed in an "encounter" by the Uttar Pradesh police after claiming that he had been "falsely" implicated in the case by them.

The paediatrician had come to the limelight in 2017 when a controversy broke out after the death of over 60 children in less than a week at the BRD Medical College in Gorakhpur in Uttar Pradesh, where he was posted.

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News Network
April 27,2020

Thiruvananthapuram, Apr 27: BJP's Kerala state President K Surendran on Monday said it is 'highly irresponsible' of Chief Minister Pinarayi Vijayan to not attend PM's video conference with all chief ministers on prevailing COVID-19 situation earlier today.

"The Kerala Chief Minister not attending the important conference regarding a pandemic in the country is not good for the state," Surendran said.

The BJP state President believes Vijayan has sent a wrong message by not attending the conference.

"It is the irresponsible behavior of the Chief Minister. Prime Minister Narendra Modi says that team India is fighting this pandemic together. By not attending the meeting, the Kerala CM has sent a wrong message, " he added.

Surendran said that the meeting was of high priority as PM was meeting the state CM's regarding the important decision of lockdown in the country.

"From the last meeting, many things have changed. Other chief ministers who did not get a chance to speak, participated in the meeting. But Kerala CM chose not to attend the meeting and BJP condemns it, " he said.

Kerala CM Pinarayi Vijayan had not participated in the PM's video conference held earlier today and instead Kerala Chief Secretary Tom Jose represented the state in the meet.

According to sources, Kerala has given its suggestions in writing.

This was the fourth such interaction of the Prime Minister with the Chief Ministers, the earlier ones had been held on March 20, April 2, and April 11.

PM Modi in the meeting said the lockdown has yielded positive results as the country has managed to save thousands of lives in the past one and a half months.

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Kerala King
 - 
Tuesday, 28 Apr 2020

Yes he is qualified and not  chaiwala brand CM. During these critical period his every minutes more valid and he spend his precious time for the sake of Keralians Life and not to light lamp or for any other use less topic.  Well Come Trumph was mainly the casue for this panademic in Gujarat and Maharastra,

 

During trumph visit   a lot of foreigners travelled in these TWO status very much is the roor cause for the present  convid 19 spread. Godi media kept every thin under carpet but peoples all aware,

 

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