EditorialDecriminalize politics!

Decriminalize politics!

Date:

The snub from the Supreme Court to the political parties for covering up the criminal track record of their candidates from the voters is indeed welcomed by one and all. Hearing contempt proceedings, the Apex Court has warned Parliament that the nation is losing patience with the trend of criminals in even as it imposed fines on major political parties, including the BJP and Congress, for not publishing the criminal past of their candidates they had fielded in the Bihar Assembly polls last year.

The Supreme Court has held eight political parties, including the BJP and Congress, guilty of contempt for not making public criminal records of their poll candidates. The top court imposed a fine of Rs 5 lakh each on Communist Party (NCP) and CPI(M) for not following the order in last year's Bihar assembly polls, and Rs 1 lakh each on BJP, Congress, Janata Dal, RJD, CPI and LJP.

The court further directed that political parties must publish the criminal antecedents of candidates within 48 hours of their selection.

A bench of Justices RF Nariman and BR Gavai modified its 13 February, 2020, judgment in this regard. The Supreme Court was hearing a contempt plea seeking action against political parties which failed to declare and publicise criminal antecedents of their candidates.

During the July 21 hearing last month, the Supreme Court observed, “There is unity in diversity,” quipped the bench of justices Rohinton F Nariman and BR Gavai. “Unfortunately, we can't legislate. We have been telling the legislature to take action against the candidates against whom charges have been framed but nothing has been done. Nothing is done and nothing will ever be done by any party,” the court said.

The legislature was ‘not likely to do anything' to prevent criminals from entering politics and standing for elections. In its February 2020 judgment, linked to the Bihar Assembly election, the Supreme Court said candidates must upload these details either within 48 hours of their selection or at least two weeks before the first date for filing of nomination papers.

In line with this policy, the Apex court wants the High Courts to review all the criminal cases against MLAs and MPs.

The state governments will no longer be able to withdraw the cases against them without the express permission of the high court concerned. Not only that, the high courts have also been asked to review all pending or cleared cases of withdrawal of cases since September 16, 2020, when the original directive was issued. What the governments do is to use Section 321 of the Code of Criminal Procedure, which enables them “to withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried”.

Of course, this requires the court's permission. In the past, political parties have used this provision to extricate their leaders who were involved in criminal cases like violation of Section 144 while taking part in a political agitation. Many freedom fighters, including Mahatma Gandhi, were charged with criminal cases. The situation is vastly different now. The government uses this power to save MLAs and MPs accused of heinous crime like murder, rape and incitement to violence. It is this trend that the Supreme Court has tried to put to an end. No party and no state can claim to be above this malady including our Union Territory, .

Northlines
Northlines
The Northlines is an independent source on the Web for news, facts and figures relating to Jammu, Kashmir and Ladakh and its neighbourhood.

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