NEW DELHI: Time has come for parliament to keep criminals away by bringing law, the Supreme Court said today on petitions asking that lawmakers facing criminal charges be barred from contesting elections or be disqualified after conviction.

"We are not in a position to add disqualification of candidates on filing of chargesheet in criminal cases," Chief Justice of India Dipak Misra said, reading out the order.

Leaving it to parliament to stop criminals from contesting polls, the court said: "National interest demands parliament enacts such legislation and the country awaits such a legislation."

The court said parliament must make law to ensure candidates with criminal antecedents don't enter public life and take part in law making.

The chief justice added, "It's the responsibility of all to enforce the law."

The top court responded to petitions seeking disqualification of lawmakers even before their conviction in criminal cases to curb "criminalisation of politics" in the country.

The court said while the Election Commission cannot deny anyone a symbol, contesting candidates must declare pending criminal cases before their parties, which must be put up on websites and given wide publicity. "Such candidates should give in bold letters details of pending criminal cases to the Election Commission," the court said.

The top court is hearing a batch of petitions seeking disqualification of lawmakers even before their conviction in criminal cases to curb "criminalisation of politics" in the country. The court had earlier dubbed criminalisation of politics as "rot".

Currently, lawmakers are barred at the time of conviction.

Justices Rohinton Fali Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra are part of the Chief Justice Misra's bench.

Referring to the concept of presumption of innocence until a person is proven guilty, Attorney General KK Venugopal, representing the Centre, had said that 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.

In course of an argument, the Attorney General had said, "Mere allegation cannot prevent a member from contesting." He also said the court can't remain oblivious of the fact that political aspirants are often framed in cases ahead of polls and said that fast-track courts to try accused politicians were "the only solution".

The petitioners pointed out that trials in cases involving politicians were deliberately delayed, and therefore, several lawbreakers enter the legislature and become lawmakers.

courtesy :ndtv.com


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Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.

Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.

Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.

An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.

The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.

A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.

Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."

"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.

"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.

A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.