SC verdict on ''criminal'' netas on Tuesday : The Tribune India

Join Whatsapp Channel

SC verdict on ''criminal'' netas on Tuesday

NEW DELHI: Should politicians against criminal charges have been framed by a court of law be debarred from contesting polls? A five-judge Constitution Bench headed by Chief Justice of India Dipak Misra is to deliver its verdict on the issue on Tuesday.

SC verdict on ''criminal'' netas on Tuesday

The Bench will deliver its verdict at 10.30 am. Tribune file photo



Satya Prakash

Tribune News Service

New Delhi, September 24

Should politicians against criminal charges have been framed by a court of law be debarred from contesting polls?

A five-judge Constitution Bench headed by Chief Justice of India Dipak Misra is to deliver its verdict on the issue on Tuesday.

The Bench, which also includes Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra, will deliver its verdict at 10.30 am on a PIL filed in 2011 by Public Interest Foundation which demanded debarring politicians facing serious criminal charges in order to de-criminalise Indian politics. It had reserved the verdict on the issue on August 28.

Ruling out any judicial legislation to check criminals entering Parliament and state legislatures, the Bench had last month wondered if it can ask the Election Commission not to allot symbols to recognised political parties’ candidates facing serious criminal charges, even as the NDA government vehemently opposed it.

The Bench had said it would consider directing the Election Commission to ask political parties to get their members disclose criminal cases against them to enable voters to know about “alleged crooks” attempting to enter the legislature.

Attorney General KK Venugopal had told the Bench that Article 102 provided for Parliament to make law on the issue and hence the top court should leave it to the wisdom of the parliamentarians. He had reminded the Bench of the concept of separation of powers.

”Everybody understands that. We cannot direct Parliament to make a law. The question is what we can do to stem the rot,” the Bench had commented.

But Venugopal had said what the court can’t do directly; it can’t do indirectly as even the direction to the Election Commission had the same effect of disqualifying someone from contesting.

“Nobody is disqualifying anybody. What we may direct the Election Commission is that the election symbol of a political party be taken away if a person, facing criminal charges, is allowed to contest the election on its ticket,” Justice Nariman clarified.

Taking serious note of people with criminal antecedents becoming members of Parliament and state Assemblies, the Bench had on August 9 said the problem can no longer be ignored by the legislature. “It is the duty of the legislature to respond to the collective cry of the citizens. Today the citizens are saying please don’t let such people contest elections…It can’t be ignored by the legislature It’s a national thinking…,” it had said.

Top News

Rahul Gandhi to contest Lok Sabha elections from Raebareli

Rahul Gandhi to contest from Raebareli, Congress fields Kishori Lal Sharma against Smriti Irani in Amethi

Since 1967, when Amethi saw its first election Gandhis have ...

BJP drops tainted Brij Bhushan from Kaiserganj, but gives ticket to his son

BJP drops tainted Brij Bhushan Sharan Singh from Kaiserganj, but gives ticket to his son

Congress alleges saffron party rewarded man accused of sexua...

Man gives triple talaq to wife in moving train, then beat her up before fleeing

Man gives triple talaq to wife in moving train, then beat her up before fleeing

An FIR was finally lodged and a manhunt launched for the acc...

India lodges protest as Beijing builds infra in PoK’s Shaksgam

India lodges protest as Beijing builds infra in PoK’s Shaksgam

Calls it bid to unilaterally alter situation on ground


Cities

View All