SC verdict on ''criminal'' netas on Tuesday

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.