Govt against chargesheet bar on elections

OUR LEGAL CORRESPONDENT New Delhi, Oct. 7: The Centre today told the Supreme Court it was not in favour of any amendment that could bar people against whom charges have been framed from contesting elections as the party in power might abuse such a provision.

In an affidavit, the government said there was “every likelihood” that false charges could be framed against political opponents.

The Election Commission and some NGOs had said that even people against whom chargesheets had been filed or courts had framed criminal charges should be barred from contesting, apart from those convicted of various offences.

The government, which cited the observations of a parliamentary standing committee, said despite its reservations on such an amendment to the Representation of the People Act, it had referred the suggestion to the law commission.

The affidavit by the law ministry said the committee on personnel, public grievances and law and justice had “delved into” the Election Commission’s views and concluded that the proposal was a “major departure” from the existing law, which disqualifies a convicted person from contesting.

“The committee also expressed that prosecution in many cases is bound to be influenced by the party in power… and in that case there is every likelihood… (of) framing false and malafide charges against… political opponents,” the affidavit said.

“It is, however, submitted that the committee has expressed that it is deeply conscious of the criminalisation of our polity and the fast erosion of confidence of the people at large in our political process of the day,” the affidavit, filed in response to a directive from the court, added.

The court had asked the government to respond to a public interest petition filed by an NGO, which had said that even those against whom chargesheets had been filed should be barred from contesting.

Under Section 8 of the Representation of the People Act, only those who have been convicted cannot contest elections for six years from the date of release. The apex court had recently struck down as unconstitutional sub-section 4 of Section 8 that granted convicted legislators a three-month elbow room to try and get a stay and continue in office.

The court’s July 10 order meant RJD leader Lalu Prasad and Rajya Sabha MP Rasheed Masood stood automatically disqualified as legislators following their recent convictions.

The Centre said electoral reforms involved a comprehensive process and it was looking ahead to consultations and meetings with all the stakeholders, including political parties, jurists and members of the public

What the government says is very true, and they should know.

We have seen how Mamata Banerjee has filed false cases against Jadav University professor for just passing on cartoon.

We have also seen how a farmer was harassed and false cases filed against him for just asking a simple question of Mamata.

We could just go on and on.

This can be stopped only if the police force in the country is made completely independent of the manipulation of politicians.

As the Supreme Court has said, the whole police force should be overhauled if we are to clean up India.