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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4 workers die after being buried under coal slurry in Jharkhand's Dhanbad
Dhanbad (Jharkhand) (PTI): At least four workers died after being buried under coal slurry in Jharkhand's Dhanbad district on Saturday, a police official said.
The incident took place at Moonidih coal washery in the command area of Bharat Coking Coal Limited (BCCL).
"Bodies of all four workers were dug out of debris during a rescue operation," Putki police station in-charge Waqar Hussain told PTI.
The incident took place when coal slurry was being loaded into trucks by workers, during which a large chunk of slurry fell and trapped several workers underneath, officials said.
The deceased have been identified as Manik Bauri, Dinesh Bauri, Deepak Bauri, and Hemlal Gope.
Meanwhile, the family members of the deceased and local villagers placed the bodies in front of the washery gate and began a protest.
They demanded compensation, jobs for dependents and action against those responsible for the incident.
Police and administration officials are trying to pacify the protesters, an official said.
