Allegations against candidates may be political: Supreme Court
New Delhi | FEB 1, 2020:
The Supreme Court on Friday said it is essential to tread carefully while penalizing candidates from political parties, who do not disclose criminal antecedents, as the allegations often have political overtones.
A bench, headed by Justice R.F. Nariman and comprising Justice S. Ravindra Bhat, said in politics, political opponents may file serious criminal cases, which includes cases connected with sedition and anti-national activities. "Charges with political overtones are brought in… we have to be very careful," it said.
The observation from the apex court came during the hearing of a contempt plea which has raised the issue of criminalisation of politics. The plea has claimed directions given by the top court in its September 25, 2018 verdict, on the disclosure of criminal antecedents, were not being followed.
Upadhyay's counsel insisted that they should be practical in such matters and referred to a section in the Representation of the People Act, 1951. According to the Act, a candidate in his nomination paper has to furnish details, whether he is accused of any offence punishable with jail term of two years or more in a pending case where charges have been framed. The poll body counsel contended though there is rise in the number of MPs with criminal record, but nobody is bothered.
Another suggestion emphasized that the political party shall submit a report to the Election Commission regarding the above publications within 24 hours of the nomination of the candidate.
In the previous hearing, the poll body insisted the political parties should be asked not to give tickets to people with criminal background.
(IANS)