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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Godda (Jharkhand) (PTI): A tribal couple and their minor son were allegedly hacked to death by their relatives in Jharkhand's Godda district over suspicion of practising witchcraft, police said on Tuesday.

The incident took place in Danga Tola under Deodanr police station area late on Monday and police recovered their bodies on Tuesday.

"A tribal couple and their minor son were hacked to death at Danga Tola in Godda. Preliminary investigation suggests the victims were killed over suspicion of practising witchcraft," Godda Sub-divisional Police Officer (SDPO) Ashok Ravidas told PTI.

Three persons have been arrested so far, he said.

"Police have arrested three persons in this connection. During initial interrogation, the accused told the police that they suspected that the victims were practising witchcraft," the SDPO said.

The axe used to kill them has also been recovered, and further investigation into the matter is underway, he said.

Deodanr police station officer-in-charge Amit Marki said the deceased tribal couple has been identified as Darbari Murmu (55) and his wife Maki Baski (50).

Their deceased son was around 12 years old. The bodies have been sent to Sadar Hospital in Godda for post-mortem examination.