NEW DELHI: The Supreme Court on Friday gave the Centre the last opportunity to file responses to a PIL for debarring all those persons from contesting polls against charges have been framed for serious offences, saying it is an important matter as common man is affected from all pervading corruption.
Hearing the plea by advocate Ashwini Kumar Upadhyay, a bench of Justices K M Joseph and B V Nagarathna said, there must be accountability at all levels.
Arguing the matter himself, Upadhyay said, we are celebrating 75 years of independence, but a person with kidnapping and extortion charges can get elected.
"If we have to truly become a nation we strive to, we have to come back to our values. A common man is bogged down by corruption. Go to any govt office, can you come out unscathed? Jurist Nani Palkhiwala lecture on 'We the people' speaks about this," the bench said.
On this, Upadhyay said, "That is why I filed a PIL to link property with Aadhaar and that is how corruption can be weeded out. We in India don't need Rs 500 or Rs 2000 notes as most people have credit card, and debit card. There needs to be notebandi (note ban) and not notebadli (not exchange)".
The bench then said, "You have to get back to your values and how you live your life. If you have that you will have your nation. We need nation building teachers. We also have to become humble".
After a brief hearing, the bench fixed the matter for final hearing on April 10, 2023.
On September 28, 2022, the court had decided to examine the PIL to debar all those persons, against whom charges have been framed, from contesting election in accordance with the recommendations of the Law Commission's 244 th report.
A court frames charges against an accused after taking a prima facie view of the charge sheet filed in a case. With this, a formal trial is started by allowing deposition by witnesses.
The court had then issued notice to the Union government's Law and Justice and Home Ministries, and the Election Commission.
The petitioner sought a direction to the EC to use its plenary power conferred under Article 324, to amend the Election Symbols (Reservation and Allotment) Order 1968, to insert such a restriction for the contestants.
The petitioner claimed there have been increase of number of candidates who declared criminal cases against them. Out of 539 winners of 17th Lok Sabha, 233 (43%) declared criminal cases against themselves. After 2014 Lok Sabha elections, 185 (34%) winners had declared criminal cases.
The Law Commission, in its 244th report favoured for debarring candidates with criminal antecedents with an additional condition that charges should have been framed at least one year before the scrutiny of nominations.
In fact, legislators are not only public servant but also law makers hence must comport higher ethics and morality, Upadhyay's plea stated.
