Supreme Court: How can a convict head a political party?

Judiciary Feb 14, 2018 Editor : Shreya Bansal 0 Shares

The Supreme Court on Monday taking up a petition filed in December last year by Advocate Ashwini Kumar Upadhyay to debar the convicted person who is banned from elections, to head a party, has said that the "prospect for democracy is far worse when a criminal has the power to choose candidates for elections under his party's banner."

CJI Dipak Misra heading the three-judge Bench has questioned the logic behind having a criminal and corrupt person to head a political party and said that the lapse was a huge blow to the purity of the election process.

Also Read - Supreme Court Dismisses The Plea For The Demolition Of ‘Corona Mata’ Temple

The Bench examining the question whether EC should be empowered to de-register a party if it is formed by convicted persons has said that "so, is it that what you cannot do individually, you can do collectively through some of your agents." Further, they said that "this goes against our judgments that corruption in politics to be ostracized from the purity of elections."

Additional Solicitor-General Pinky Anand said the government needed time to file a response.

Also Read - Retired Justice R.F. Nariman Urges Supreme Court To Strike Down Sedition Law And UAPA

While the case came up for hearing, the Association for Democratic Reforms has released a report in the backdrop showing the data of criminal cases pending against Chief Ministers of different States. As per the data released 35% of the CMs have criminal charges against them and 26% CMs have declared serious criminal cases, including related to murder, attempt to murder, criminal intimidation, etc.

Supreme Court Dismisses The Plea For The Demolition Of ‘Corona Mata’ Temple

Judiciary Oct 15, 2021 ANUSHKA BHATNAGAR ( Editor: Ekta Joshi ) 13 Shares

A Public Interest Litigation was filed in the Apex Court against the demolition of the “Corona Mata Mandir” which was constructed by a woman along with her husband in Pratapgarh District of Uttar Pradesh. The Court held that this is the “abuse of the process”. BACKGROUNDThe “Corona Mata” temple was constructed at Juhi Shukulpur village in Pratapgarh, for seeking the blessings and divine grace for staying away from the infection. The Temple was established on 7th June, 2021 and...

Read full post

Retired Justice R.F. Nariman Urges Supreme Court To Strike Down Sedition Law And UAPA

Legal Insiders Oct 15, 2021 ANUSHKA BHATNAGAR ( Editor: Ekta Joshi ) 7 Shares

Justice Rohinton Fali Nariman who is a former Supreme Court judge has urged the Supreme Court to declare Section 124 A of the Indian Penal Code, 1860 and the offensive parts of the Unlawful Activities (Prevention) Act, 1967 as unconstitutional.BACKGROUNDThe former judge had retired from the Supreme Court in August of 2020. While speaking at a function organized by the Viswananth Pasayat Memorial Committee he stated that “I would exhort the supreme court to not send sedition law...

Read full post