SC refuses to entertain plea seeking to declare as void election of those facing criminal charges
New Delhi: The Supreme Court Monday refused to entertain a plea seeking to declare as null and void' the election of those against whom charges have been framed for over a year for offences entailing punishment of five years and more.
A bench headed by Justice L N Rao said the petitioner can pursue remedies for implementation of the earlier judgment delivered by the apex court, which had in 2018 left it to Parliament to make laws to ensure that persons facing serious criminal cases do not enter the political arena.
A five-judge Constitution bench had in September 2018 said that though the criminalization of politics is a "bitter manifest truth" which is a "termite" to the citadel of democracy, it cannot "usurp the power" of law-making which is vested with the legislature.
The bench, also comprising Justices Hemant Gupta and Ajay Rastogi, was on Monday hearing the plea filed by NGO Lok Prahari'.
S N Shukla, general secretary of the petitioner NGO, told the bench that election of persons facing criminal charges is contrary to rule of law and free and fair election and it negates the resolve of the Constitution to provide justice to all.
He said that issue raised in the plea was not before the constitution bench which had delivered the verdict in 2018.
The constitution bench had said that it cannot direct the parliament to do this, the bench observed.
Shukla referred to section 100 of the Representation of the People (RP) Act, which deals with grounds for declaring election to be void.
These are grounds for election petition, the bench said, adding that Parliament has to take a call on the issue.
The bench said the prayer sought in the plea requires an amendment to the RP Act which can be done by Parliament.
While refusing to entertain the plea, the apex court said the petitioner can pursue other remedies for the implementation of directions given by the constitution bench.
In the 2018 verdict, the Constitution bench had said that criminalization of politics is an "extremely disastrous and lamentable situation" and this "unsettlingly increasing trend" in the country has the propensity to "send shivers down the spine of a constitutional democracy".
Passing a slew of directions aimed at decriminalization of politics, giving citizens an "informed choice" and infusing a culture of purity in politics, the Constitution bench had said that increasing trend of criminalization of politics tends to disrupt constitutional ethos and strikes at the very root of our democratic form of government.
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Another North Goa nightclub sealed; Kejriwal says corruption led to fire tragedy
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.
