New Delhi: The Supreme Court on Thursday directed all political parties to upload on their website details of pending criminal cases against candidates contesting polls, noting that there has been an alarming increase in criminalisation of politics. The apex court said political parties will also have to upload reasons for selecting candidates with pending criminal cases on their website.
A bench headed by Justice Rohinton Fali Nariman said the reasons for selecting candidates with pending criminal cases should be justifiable with reference to qualification and merit and not merely on winnability.
The court passed orders on a contempt plea which raised the issue of criminalisation of politics claiming that directions given by the apex court in its September 2018 verdict relating to disclosure of criminal antecedents by candidates are not being followed.
It also directed that political parties will publish these details on social media platforms like Facebook and Twitter and in one local vernacular and one national newspaper.
The top court said political parties will have to submit a compliance report in this regard to the Election Commission within 72 hours of selecting candidates having pending criminal cases against them.
It directed that the EC shall bring it to the notice of the apex court in case of failure of political parties to comply with its directions.
While pronouncing the order, the bench said it appears that there has been an alarming increase in criminalisation of politics in the last four general elections. The apex court had earlier observed that the issue of penalising political parties or candidates for not disclosing criminal antecedents has to be dealt with carefully as serious allegations with “political overtones” are often being made against candidates. In September 2018, a five-judge Constitution bench had unanimously held that all candidates will have to declare their criminal antecedents to the Election Commission before contesting polls and called for a wider publicity, through print and electronic media about antecedents of candidates.
It had left it to Parliament to “cure the malignancy” of criminalisation of politics by making a law to ensure that persons facing serious criminal cases do not enter the political arena as the “polluted stream of politics” needs to be cleansed. During the hearing on the contempt plea, the EC had told the court that increase in number of MPs having pending criminal cases was “disturbing” and as per the statistics, there were 43 per cent MPs in Parliament who have criminal cases against them.
The poll panel had agreed with the suggestions of senior lawyer Gopal Sankaranarayanan, representing BJP leader and petitioner Ashiwini Upadhyay, including that all political parties should mandatorily upload on their website details of candidates with criminal antecedents along with the reasons as to why those without any criminal record could not be selected.
The ruling BJP on Thursday said the Supreme Court direction that all political parties upload on their websites details of pending criminal cases against their candidates would strengthen electoral democracy.
It also said the directions would enable voters to make a choice keeping “all factors” in mind when they cast their vote. The Supreme Court on Thursday directed all political parties to upload on their website details of pending criminal cases against candidates contesting polls, noting that there has been an alarming increase in criminalisation of politics. BJP spokesperson Nalin Kohli said the orders of the top court have to be complied with.
Meanwhile, With the Supreme Court directing parties to upload online details of pending criminal cases against candidates contesting polls, the Congress on Thursday attacked the BJP over appointing a minister in Karnataka who is accused in mining cases, and alleged that the directive has already been torn to shreds by Prime Minister Narendra Modi. The Supreme Court has asked all political parties to upload on their website details of pending criminal cases against candidates contesting polls, noting that there has been an alarming increase in criminalisation of politics.
The apex court said political parties will also have to upload reasons for selecting candidates with pending criminal cases on their website.
“Today itself, Modi ji has torn to shreds the orders of giving reasons for giving tickets to leaders accused in cases,” Surjewala tweeted with a news report on Anand Singh, accused in mining and forest crimes, being appointed the new minister for forest, environment and ecology in Karnataka.
“Modi ji & BJP again come to the rescue of ‘Bellary Gang’! SC says give reasons for giving tickets to tainted Netas or contempt! Modiji says make tainted Netas not MLA’s alone but Ministers of the ministry, which has been allegedly looted! Will SC issue contempt of PM and Karnataka CM?” Surjewala asked.
At a press conference, Congress spokesperson Jaiveer Shergill said his party welcomes the apex court’s decision as it was an important step towards decriminalising politics. (PTI)
