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 6,2020

May 6:The Congress on Wednesday said it is "economically anti-national" to fleece Indians of Rs 1.4 lakh crore by raising taxes on petrol and diesel, and urged the Centre to share 75 per cent of this revenue with states so that people are not burdened.

Congress chief spokesperson Randeep Surjewala said when the entire country is fighting the COVID-19 pandemic and its poor, including migrants, shopkeepers and small businessmen, were virtually penniless, the government of India was "fleecing" 130 crore Indians by insurmountably raising prices of petrol and diesel.

"To fleece people of India in this fashion is economically anti-national," he told reporters at a press conference through video conferencing.

Surjewala alleged that the manner in which "illegally and forcibly" this recovery is being made is "inhumane, cruel and insensitive".

"The government should transfer 75 per cent of this money so collected through raise in taxes to states. This will ensure there is no further burden on people of India, by way of more taxes on petroleum products by states," he said.

He said the issue was discussed at a meeting of the chief ministers of Congress-ruled states with party president Sonia Gandhi, where everyone besides former prime minister Manmohan Singh and Congress leader Rahul Gandhi expressed deep concerns.

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News Network
May 7,2020

New Delhi, May 7: Food ordering and delivery platform Swiggy on Thursday said its co-founder and CTO Rahul Jaimini will move away from active role in the company during the month to pursue another entrepreneurial venture.

Jaimini will be joining Pesto Tech, a career accelerator start-up, as their co-founder, Swiggy said in a statement.

He will continue to be a shareholder and board member of Swiggy, it added.

Functions currently led by Rahul, including platform engineering, analytics, IT and labs, will be realigned to Dale Vaz, Head of Engineering and Data Science, who has been with the company for close to two years, the statement said.

"Technology was crucial to what we set out to build when we started Swiggy. Nandan (Reddy) and I could not have asked for a better partner to handle this aspect of the company," Swiggy co-founder and CEO Sriharsha Majety said.

It was Rahul's immense passion to 'build for the billions' that drove technological innovations that set Swiggy apart as we grew phenomenally over the years, he added.

"Working with technology that has large scale impact is what excites me, and I am grateful to have had the opportunity to do just this at Swiggy and grow tremendously over the years," Jaimini said.

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Agencies
July 13,2020

Jaipur, Jul 13: Congress Legislature Party (CLP) on Monday unanimously passed a resolution supporting Chief Minister Ashok Gehlot-led government and accusing the BJP of destabilising the government by indulging in horse-trading of MLAs.

The CLP also condemned all "undemocratic" acts to weaken Congress party and its government and demanded action against any Congress office-bearers involved in anti-party activities.

"Feared by exemplary works and public service of Congress government, BJP-led conspiracy is trying to destabilise Congress' state government, horse-trading of MLAs and trying to murder democracy by using money and political power," read the resolution.

"It is unfortunate that BJP did not learn lessons from the defeat in the Rajya Sabha elections and are trying to destabilise Congress government using corrupt means. 

This ripping off of democracy by BJP is an insult to 8 crore people of Rajasthan, they will not accept it. CLP meet expresses its confidence in Congress President Sonia Gandhi and leader Rahul Gandhi, and unanimously supports the government led by Ashok Gehlot," it said.

"This meet urges that strict disciplinary action be taken against any office-bearer or member of Legislative Party who indulges in activities against the Congress government, party or gets involved in any conspiracy," read the resolution.

As many as 107 MLAs attended the CLP meeting, which begun in the afternoon and now has been concluded.

"107 MLAs are present at the CLP meeting in Jaipur," Chief Minister Ashok Gehlot's media advisor confirmed to media.

The crisis in Rajasthan Congress intensified with Gehlot and his deputy Sachin Pilot at loggerheads. While Gehlot is blaming BJP for trying to destabilise the state government by poaching MLAs, Pilot is camping in Delhi to speak to the party leadership regarding the political turmoil in the state.

BJP has claimed that the Ashok Gehlot-led government has lost the majority in the state.

"Sachin Pilot was the rightful candidate for the post of Rajasthan Chief Minister but Ashok Gehlot took the charge; a conflict in the party began since then. What is happening today is the result of that conflict. The state government has lost the majority," Rajasthan BJP President Satish Punia said today.

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