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."

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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.

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."

Also Read - Fictional Convenience of One Party Cannot be a Ground to Transfer Cases U/S 25 Of CPC: SC [READ ORDER]

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

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.

SC Gives Judgement in Suo Moto Case for Expeditious Trial of Cases Under Section 138 OF N.I. Act 1881 [READ ORDER]

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A five-member bench of the Supreme Court gave its judgement in a Suo Moto case relating to the expeditious trial of cases relating to dishonoured cheques under Section 138 of the Negotiable Instruments Act, 1881. The bench which heard the matter included Chief Justice S. A. Bobde along with Justices L. Nageswara Rao, B. R. Gavai, A. S. Bopanna and S. Ravindra Bhat.In 2016 while considering a matter related to the dishonour of two cheques which were pending before the courts for 16...

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