Common man bogged down by corruption; fixing of accountability needed: SC

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New Delhi, February 24

Noting that the common man was bogged down by corruption and there was a need to fix accountability at all levels, the Supreme Court on Friday said the country needed teachers who were nation builders.

While hearing a PIL filed by advocate Ashwini Updhyay seeking to debar those against whom charges have been framed in heinous criminal cases from contesting elections, a Bench of Justice KM Joseph and Justice BV Nagarathna said India will have to go back to its core values and character if it had to truly become what it’s striving for.

“The common man in India is bogged down by corruption. Go to any government office, you cannot come out unscathed. Noted jurist Nani Palkhivala in his book ‘We the People’ has spoken about this. If we have to truly become a nation we are striving for, we need to come back to our core values and character. If we get back to our values, we will have a nation we strive for,” said Bench.

Justice Joseph, however, said he would prefer not to say anything on what’s happening in the name of democracy. “I will not make any comments. There is a Constitution Bench judgement on this issue and the court has held that it cannot add anything to the law, apart from what is added and it is up to the government to look into it,” Justice Joseph said even as Justice Nagarathna noted that there’s a need to fix accountability at all levels.

Updhyay contended that a person against whom charges have been framed in heinous offence can’t become even a sweeper in a government office or a police constable but the same person can become a minister even if he has been booked for offencessuch as murder, extortion and kidnapping.

Asking the Centre and the Election Commission to respond to the PIL in three weeks, the Bench posted the PIL for final hearing on April 10.

Election Commission counsel Amit Sharma told the top court that it’s for Parliament to take a call on debarring a person from contesting elections at the stage of framing of charges.

Under the existing law, a person could be debarred from contesting elections if he has been convicted of any offence and sentenced to imprisonment for not less than two years. The person shall be disqualified for the period of sentence and a further six years after release, Sharma explained.

Upadhyay alleged even a person visiting a government office for a death or birth certificate has to deal with corruption.

Out of 539 winners of the Lok Sabha election in 2019, as many as 233 (43 per cent) had declared criminal cases against themselves, Upadhyay alleged.

Citing a report of Association for Democratic Reforms, the petition said there was an increase of 109 per cent in the number of MPs with declared serious criminal cases since 2009, with one MP declaring 204 criminal cases against himself including those related to culpable homicide, house trespass, robbery, criminal intimidation, etc.