for Not Publishing Candidates’ Criminal Records Before Bihar Polls MIDWEST / EASTCOAST /hiindialive
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Supreme Court Fines 8 Parties for Not Publishing Candidates’ Criminal Records Before Bihar Polls
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Subscribe Free ePaper The court said that no one can deny that the menace of & News Updates oncriminalisation in the Indian political system is growing day by day. Delhi: Inus an unprecedented order to check the law-makers of the country to rise to the occasion regarding criminal antecedents of all contesting WhatsApp.New Send criminalisation of politics, the Supreme Court on and take steps for bringing out necessary amendments candidates, the top court said on Tuesday. Tuesday held nine political parties including the ruling so that the involvement of persons with criminal “This shall be done across various platforms, including ‘hi’to BJP and JD(U) in Bihar guilty of contempt and fined antecedents in polity is prohibited. social media, websites, TV ads, prime time debates, eight of them for violating its February, 2020 order on “All these appeals have fallen on deaf ears. The political pamphlets, etc. A fund must be created for this 7735268353 publication of criminal antecedents of their candidates parties refuse to wake up from deep slumber. However, purpose within a period of 4 weeks into which fines for in view of the constitutional scheme of separation of contempt of Court may be directed to be paid.” for the assembly polls. powers,•though we desire that something urgently The court The bench, also comprising Justice B.R. imposed 13 said that no one can that theCOMMUNITY menace of NATIONAL EDITION | Gavai, Volume Issue No. 631 AUGUST 13, 2021 | deny THE FIRST | hiindia.com - News Update 24X7 requires to be done in the matter, our hands are tied a fine of Rs five lakh each on the Communist Party of criminalisation in the Indian political system is growing India-Marxist (CPI-M) and the Nationalist Congress and we cannot transgress into the area reserved for the day by day. “Also, no one can deny that for maintaining Party (NCP), saying they have not at all complied with legislative arm of the State.” purity of political system, persons with criminal The bench also issued more directions in continuation antecedents and who are involved in criminalisation the directions issued by this court. It imposed a fine of Rs one lakh each on the Janata of the earlier ones in order to make the right of of political system should not be permitted to be the Dal-United (JD-U), the Rashtriya Janata Dal (RJD), information of a voter more effective and meaningful. law-makers. The only question is, whether this Court Lok Janshakti Party (LJP), INC, Bharatiya Janata Party “Political parties are to publish information regarding can do so by issuing directions which do not have (BJP) and the Communist Party of India (CPI) and criminal antecedents of candidates on the homepage foundation in the statutory provisions.” asked them to deposit the money within eight weeks of their websites, thus making it easier for the voter to It said though nine political parties have been found with the poll panel. The Rashtriya Lok Samta Party get to the information that has to be supplied. It will guilty of having committed contempt of the order of also become necessary now to have on the homepage February 13, 2020, but a lenient view has been taken (RLSP) was spared of the fine. The top court also modified its earlier order to make a caption which states ‘candidates with criminal taking into consideration the fact that these were the it clear that political parties must publish the criminal antecedents’.” first elections which were conducted after issuance antecedents of their candidates, if any, within 48 hours The apex court directed the Election Commission of of the directions. “However, we warn them that they India (ECI) to create a dedicated mobile application of their selection, as it lamented the apathy of the should be cautious in future and ensure that the government’s legislative wing in not taking steps to containing information published by the candidates directions issued by this Court as well as the ECI are decriminalise the political system and that political regarding their criminal antecedents so that voter gets followed in letter and spirit,” said Justice Nariman, information on his or her mobile phone at one stroke. writing the verdict for the bench. parties refuse to wake up from “deep slumber”. Maintaining that persons with criminal antecedents The poll panel had earlier said that 469 candidates The bench modified one of its earlier directions on and involved in criminalisation of politics cannot be with criminal antecedents were fielded by 10 political furnishing of details about the criminal antecedents of permitted to be law-makers, the apex court said it can parties in the Bihar assembly polls held in October- candidates. “We clarify that the direction in paragraph only appeal to the conscience of lawmakers and hope November last year. 4.4 of our Order dated 13.02.2020 be modified and it they will wake up soon and carry out a major surgery The bench held that the selection of candidates having is clarified that the details which are required to be for weeding out the malignancy of criminalisation in criminal antecedents on the ground of mere winnability published, shall be published within 48 hours of the is a violation of the apex court’s direction given in 2020. selection of the candidate and not prior to two weeks politics. “The nation continues to wait, and is losing patience. In its 2020 verdict, the top court had directed the before the first date of filing of nominations,” it said. Cleansing the polluted stream of politics is obviously political parties to upload on their websites and social The apex court accepted the submissions of senior not one of the immediate pressing concerns of the media platforms the details of pending criminal cases advocate Vikas Singh, appearing for the poll panel, legislative branch of government,” a bench headed by against their candidates and the reasons for selecting that the ECI cannot be said to have committed any Justice R.F. Nariman said in its 71-page verdict on a them as also for not giving ticket to those without contempt of the order as the circumstances pointed out plea seeking contempt action against several political criminal antecedents. The order required them to that it did bring to the notice of the court the flouting parties including the BJP and the Indian National publish antecedents of candidates within 48 hours of of the directions. Congress(INC) for non-compliance of its February selection or not less than two weeks before filing of “We must, however, caution the ECI to do so as promptly 13, 2020 directions during the Bihar assembly polls. nominations and also in a particular format. as possible in future so that prompt action may be taken The contempt plea was filed by Brajesh Singh, a lawyer The Election Commission, to whom the fine will by this Court, it being understood that the ECI must be deposited, is directed to carry out an extensive by itself take prompt action in accordance with the from Bihar. Highlighting the separation of power, the verdict noted awareness campaign to make every voter aware about directions contained in this order,” the top court said. that the top court has been appealing time and again to his right to know and the availability of information
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