Candidates’ criminal background should be notified within 48 hours. Supreme Court Action
New Delhi: The Supreme Court has directed the candidates in all elections, including the Assembly and Lok Sabha elections, to publish their criminal background within 48 hours of being selected. The Supreme Court has set a new deadline of 2 days for the concerned political parties to release the details of the candidates’ criminal background.
Let us look at the order issued by the Supreme Court on February 13, 2020 in the case related to the criminal background of the candidates. The case is being re-assigned to another judge, Supreme Court Justice Rohinton Nariman.
At the end of this hearing all parties will be required to make public the details of the criminal background of the candidates contesting the elections. The order was issued to release this within 2 weeks.
In this order, all the details about the criminal background of the candidates should be complete. It should include details of the crimes they have committed in the past, the verdicts that came with it, the crimes that are currently pending, and the trials against it. Importantly, whether the case is paired or not .. If the case has been filed, there should be details about it.
Why to choose?
And why did you choose a candidate? There should also be details on what basis the party selected a guilty candidate. There should also be a detail as to why he was chosen instead of another person who was not guilty.
To go through all this, the candidate’s education, public service and other qualifications should be included. All these details should be on the party’s website.
The old order required that details of their crimes be published in national and state newspapers. It was in this context that the complaint arose that this order was not respected by many political parties. The case was filed in the apex court alleging that political parties had violated the order mainly during the Bihar assembly elections and that the court should take contempt action in this regard. Supreme Court Judge Rohinton Nariman, PR Kawai session is hearing the case.
Prominent lawyer Prajesh Misra was prosecuting the case. In it, the parties violated the Supreme Court order in the Bihar elections. They did not release details about the candidates’ criminal background. Thus the symbols of the parties violating the order of the Supreme Court should be revoked immediately. The Election Commission should order action against them.
He had mentioned in his petition that the court should take contempt action against those candidates and the party. Following the completion of the trial in this case, the Supreme Court today issued its orders. Accordingly, the Congress, BJP, CPM and CBI were fined Rs 8 lakh each for disobeying a court order in the last Bihar elections. . The Nationalist Congress Party and the Marxist Communist Party were fined Rs 5 lakh each.
Further, candidates in all forthcoming elections, including the Assembly and Lok Sabha elections, are required to publish details of their criminal background within 48 hours of being selected. It should be published in the party’s web pages, national and state dailies. All the rules mentioned in the 2020 order must be followed. But instead of a 2 week grace period, an order has been issued to release all the details within 2 days.
The affidavit filed by the Election Commission in this case stated that the CPM in Kerala had fielded 4 candidates, the Nationalist Congress Party had fielded 26 candidates, the Rashtriya Janata Dal had fielded 103 candidates in the Bihar elections and the United Janata Dal had fielded 56 candidates.
The NCP and the CPM have apologized to the Supreme Court in this case. But Supreme Court, we cannot accept your apology. It is your duty to respect our order. The court ordered that a fine be imposed in respect of the judgment rendered in the contempt case. In addition, an important order has been issued to the Election Commission.
Accordingly a separate processor should be created to report the criminal background of the candidates. The Election Commission has been advised to advertise on TV and social media. The parties are required to release the following details within 48 hours of the selection of the candidate as per this new order of the Supreme Court. 1. Candidate’s criminal background. Past and present history.
2. Why was the candidate with criminal background selected in response to the candidate without criminal background?
3. Qualifications of the candidate with criminal record.
4. These details should be provided on the party website, national and state dailies.
5. Ensure compliance with this order and submit a report to the Election Commission.