Voters have right to know criminal antecedents of candidates: Supreme Court

Agencies
August 28, 2018

New Delhi, Aug 28: The Supreme Court today said the voters have a right to know the antecedents of candidates and the Election Commission could be asked to direct political parties to ensure that persons, facing criminal charges, do not contest on their tickets using their poll symbols.

After making these observations, a five-judge constitution bench headed by Chief Justice Dipak Misra reserved the judgement on a clutch of petitions after the parties including the poll panel and the Centre concluded their arguments.

The top court is dealing with the question whether a legislator facing criminal trial can be disqualified at the stage of framing of charges in a case. Presently, lawmakers are barred at the time of conviction. 

The bench's observation on the voters' right to know the candidates came in the backdrop of strong opposition from the Centre that the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls.

"The intention of the Lordships is laudable. But the question is whether the court can do it. The answer is 'no'," Attorney General K K Venugopal, representing the Centre, told the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

He was responding to a suggestion by the bench that persons, facing criminal charges, would be free to contest, but they cannot do so on party ticket using the party election symbol.

"The voters have the right to know the candidates. Actually, a party can allow a person to contest on its ticket. But a person cannot contest on its ticket if he discloses the criminal antecedent," the bench said, adding that this direction may be given by the Election Commission to the political parties.

"They (people facing criminal charges) can contest elections, but they will not contest on the party ticket because he has this kind of stigma," the bench said.

Referring to the concept of presumption of innocence until a person is proven guilty, Venugopal said depriving a person from contesting elections on a party ticket would amount to denial of the right to vote, which also included the right to contest.

He referred to various judgements and said the expression of criminal antecedent was "extremely vague". Moreover, "presumption of innocence is central to our criminal jurisprudence. A person is innocent until proven guilty." 

The courts will have to presume innocence in view of the fact that in 70 per cent cases, accused are being acquitted, he said, adding that the high rate of acquittals could be due to deficiencies in the judicial system.

Parliament has made a distinction between an accused and a convict and there has been a provision for disqualification in the Representation of Peoples Act upon conviction of a lawmaker, he said.

The bench took note of Venugopal's submissions and asked his son and senior advocate Krishnan Vengopal, who is representing a PIL petitioner, to address on the objections raised by the government.

"The arguments (of the Centre), if I understood correctly, is two folds. Going back from the conviction stage to charge framing stage (for disqualifying a lawmaker) is against the concept of presumption of innocence," Justice Nariman said.

The judge also posed whether the court would not be "creating another" kind of disqualification by denying a person facing criminal charges to contest on a party ticket and symbol.

"Can we add or attach more conditions," the bench asked, adding whether the court, expressing concern over rising population, can ask the poll panel to ensure that candidates, having more than two children, do not contest panchayat polls.

Senior advocate Meenakshi Arora, appearing for the poll panel, took a view which was apparently opposite to the Centre and said the recommendations for decriminalising politics were made by the Election Commission and the Law Commission way back in 1997 and 1998, but no action was taken on them.

She exhorted the court to issue the direction in the matter besides asking Parliament to make the suitable law.

"We cannot comment on Parliament," the bench said, while reserving the order. 

The bench was hearing the PILs filed by NGO 'Public Interest Foundation' and Upadhyay.

Senior advocate Krishnan Venugopal, appearing for BJP leader Ashwini Upadhyay, said the court may ask the poll panel to ask political parties not to allow tainted candidates to contest on their tickets and symbols. "Can the court allow a person, against whom charges have been framed, to become a judge. The answer is 'no'".

The principle that "Caesar's wife must be above suspicion" should be made applicable in case of politicians also, he said.

The bench responded by saying that due to this, it was contemplating that political parties be asked to disclose the antecedents of their members so that the electors "have the right to informed choice".

"We will see as to what we can do on disclosure," the bench said, adding that the parties may be asked to put the information about their members well in advance before the elections.

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News Network
November 29,2024

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Bengaluru: An FIR has been registered against Vishwa Vokkaliga Mahasamastana Mutt seer Kumara Chandrashekaranatha Swamiji for his communally provocative and anti-constitution remarks.

He made the statement during a protest meeting organised by the Bharatiya Kisan Sangh here on Tuesday against notices issued by Karnataka's Waqf board.

Urging everyone to unite to protect farmers and their land, Swami said that a law should be brought in where Muslims community don't have the voting power.

Stating that it should be ensured there is no Waqf board, he said someone taking away someone else's land is not "Dharma".

"...everyone should fight against injustice being caused to farmers...it is said that the Waqf board can claim anyone's land. It is a big injustice...someone taking away someone else's land is not Dharma... So, everyone should fight to ensure that farmers' land remains with them," the seer had said.

However, on Wednesday, Swami expressed regret over his statement, calling it a "slip of tongue".

He said Muslims are also citizens of this country, and they too have voting rights like others.

Based on the complaint by a social worker, the FIR was registered against him on Wednesday at Upparpet police station here, police said.

"We have registered a case against him (Swami) under section 299 (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Bharatiya Nyaya Sanhita," a senior police officer said.

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News Network
November 29,2024

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Mangaluru: Nearly half of Dakshina Kannada's coastline is facing significant erosion, according to a recent response in the Lok Sabha to a question raised by MP Captain Brijesh Chowta. The data, provided by the Ministry of Environment, Forest and Climate Change (MoEFCC), reveals that between 1990 and 2018, 48.4% of Dakshina Kannada's total coastline of 36.6 km has been eroded.

The written reply, issued by Kirti Vardhan Singh, Minister of State in the MoEFCC, addressed Captain Chowta's query on the impact of sea-level rise and coastal erosion, particularly in Karnataka. The MP had inquired about studies assessing the rise in sea levels and their effect on the coastal regions, as well as the government's plans to mitigate the threats posed by erosion.

While the erosion rate in Dakshina Kannada is notably high, the response highlighted that Karnataka's overall coastal situation is less alarming. Approximately 50% of the state’s coastline remains stable, with 26% undergoing accretion (growth) and 24% experiencing erosion. This data, compiled by the National Centre for Coastal Research (NCCR), is based on a study conducted from 1990 to 2018, using satellite images and field surveys.

The NCCR's findings indicate that 33.6% of the Indian coastline is affected by erosion, with 26.9% in a state of accretion, and 39.6% remaining stable. In Dakshina Kannada, erosion has impacted 17.7 km of its 36.6 km coastline. Uttara Kannada and Udupi districts are similarly affected, with erosion covering 21.6 km and 34.9 km of their respective coastlines.

In response to these concerns, the central government is actively implementing measures to combat coastal erosion and protect vulnerable communities. The Karnataka government has developed a Shoreline Management Plan in compliance with the CRZ notification of 2019. Additionally, under the Karnataka Strengthening Coastal Resilience and Economy (K-SHORE) project, supported by the World Bank, the state is working to enhance coastal protection, improve coastal infrastructure resilience, boost the livelihoods of coastal communities, and address marine plastic pollution.

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News Network
November 21,2024

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The International Criminal Court (ICC) has issued arrest warrants for Israeli prime minister Benjamin Netanyahu and his former minister of military affairs Yoav Gallant over war crimes against Palestinians in the Gaza Strip.

The court’s Pre-Trial Chamber I issued warrants of arrest for Netanyahu and Gallant "for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest”, it confirmed in a statement Thursday.

It is the first instance in the court's 22-year history it has issued arrest warrants for Western-allied senior officials.

In its statement, the ICC's Pre-Trial Chamber I, a panel of three judges, said it has rejected appeals by Israel challenging its jurisdiction. 

The chamber said it has decided to release the arrest warrants because "conduct similar to that addressed in the warrant of arrest appears to be ongoing", referring to Israel's ongoing onslaught on Gaza.

Netanyahu and Gallant, it said, “each bear criminal responsibility” for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” as well as “intentionally directing an attack against the civilian population.”

All 124 states that signed the Rome Statute, the treaty that established the court, are now under an obligation to arrest the wanted individuals and hand them over to the ICC in the Hague. 

The court relies on the cooperation of member states to arrest and surrender suspects. The Netherlands' foreign minister quickly said his country was prepared to enforce the warrants while 93 nations earlier reiterated their support for the ICC.

Triestino Mariniello, a lawyer representing Palestinian victims at the ICC, called the warrants "a historic decision".

He noted that the court had endured "pressure and threats of sanctions" from the US government, but acted nonetheless.

As expected, the Tel Aviv regime rejected the rulings, with its security minister Itamar Ben Gvir calling the warrants “anti-Semitic through and through.”

The ICC said Israel’s acceptance of the court’s jurisdiction was not required.

Israel and its major ally, the United States, are not members of the court. 

Israel unleashed its bloody Gaza onslaught on October 7, 2023. So far, it has killed at least 43,985 Palestinians, mostly women and children, and injured 104,092 others, according to the Gaza Health Ministry.

Israel faces an ongoing South Africa-led genocide case at the International Court of Justice (ICJ).

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