Why can't EC link parties' recognition with bar on those with criminal past: SC
New Delhi, Aug 21 : The Supreme Court on Tuesday asked the government if it can direct the Election Commission to include in the symbol order a clause that a political party is liable to lose its recognition if it fields candidates with criminal antecedents.
"Why can't we exhort Parliament like the Law Commission does to address the problem? Why can't we take clue from Section 33A of the Representation of People Act and direct the Election Commission to include in Symbol order a stipulation to bar people with criminal antecedents from electoral fray?" the court asked.
"Without asking the legislature (to make a law), you are asking the Election Commission (to insert addition qualifications)," Attorney General K.K. Venugopal said.
The top court, he said, could exhort Parliament to enact a law to bar the people with criminal background from the electoral fray, but any expansion of the Symbols Order that would have a bearing on the recognition of political parties would be ultra vires.
The five-judge constitution bench comprising Chief Justice Dipak Misra, Justice Fali Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra is hearing a plea by NGO Public Interest Foundation seeking to bar people from electoral politics against whom charges have been framed by trial courts for heinous offences.
The Election Symbols (Reservation and Allotment) Order, 1968 says that a party would be recognized as a national party if it has fielded candidates in any four or more states, in the last general election to Lok Sabha or the legislative assembly and has secured 6% of the valid votes polled in each of the four states.
Besides this, the party has to secure four seats in the Lok Sabha from either one state or all the four states.
Informing the court about the presumption of innocence till an accused is convicted, Venugopal said excluding a person, charged with a criminal offence yet not convicted from the election fray would amount to adding another disqualification.
"It will be ultra vires," Attorney General said as Justice Chandrachud asked: "Is there anything that prevents the Election Commission from introducing additional qualifications? Can't EC incorporate such provisions in its rules?"
The constitution bench is hearing a reference by a three-judge bench on the question "whether disqualification for membership can be laid down by the court beyond Article 102(a) to (d) and the law made by Parliament under Article 120(e)?"
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Assam CM flays Cong for 'not verifying' documents before making charges against his family
Sivasagar/Guwahati (PTI): Assam Chief Minister Himanta Biswa Sarma on Tuesday slammed the Congress for “not verifying” the documents based on which it brought allegations against him and his family.
Congress leader Pawan Khera had on Sunday alleged that Sarma’s wife, Riniki Bhuyan Sarma, has multiple passports and foreign property, which were not declared in the chief minister’s election affidavit.
Sarma also hit out at Congress president Mallikarjun Kharge, claiming that he was “speaking like a madman” due to old age, after the latter put the onus on central agencies to probe the charges.
The CM asserted that Khera had “run away” to Hyderabad, but the Assam Police will “hunt him down even from ‘pataal’ (netherworld)”.
“‘Assam Police ko nahi jante hain.. Pataal se bhi ukhar ke le ayega’ (They don’t know the Assam Police... they will hunt him down even from the netherworld),” asserted Sarma.
An Assam Police team had earlier in the day visited the Delhi residence of Khera for questioning him in connection with the case.
“If they didn’t know the truth, why did they put it out in public? They should have asked the foreign minister first,” Sarma told reporters on the sidelines of an election campaign, when asked for his reaction to Kharge’s assertion that the Union government should probe the allegations now.
Kharge, at a presser in Guwahati on Tuesday, said all agencies are under the central government, which should probe the charges.
"They have already filed an FIR against Khera. Let them probe the matter. We will face the case as it progresses. We have sought probes by the ED or CBI into the allegations," he said.
Sarma added: “Kharge is ageing and is speaking like a ‘pagal’ (madman). You insult the people first and then say will ask the foreign minister (for verification)? Is he your ‘damad’ (son-in-law),” the chief minister said.
“I think Rahul Gandhi had given these documents to Khera, and if that is so, the case will then include Gandhi,” he added.
