Decriminalising polls: SC issues notice to Centre, ECI

A bench of justices KM Joseph and Hrishikesh Roy issued notice on a public interest litigation filed by Bharatiya Janata Party leader and lawyer Ashwini Kumar Upadhyay.

The Supreme Court on Wednesday sought the response of the Centre and the Election Commission on a plea to debar persons charge sheeted in serious offences from contesting elections.

The petition said that there has been an increase of 44% in the number of MPs with declared criminal casers since 2009. (HT Photo)

A bench of justices KM Joseph and Hrishikesh Roy issued notice on a public interest litigation (PIL) filed by Bharatiya Janata Party (BJP) leader and lawyer Ashwini Kumar Upadhyay. He told the Court that this issue was crucial for decriminalizing politics and maintaining the purity and integrity of electoral process.

Initially, the Court was not inclined to entertain the petition. It asked Upadhyay, “Your petition seeks debarment of persons against whom charges are framed in serious cases. Who will define what is serious. Does it have to be of standards acceptable to you as a petitioner or this Court?”

Upadhyay cited a host of reports presented in the past by the Law Commission and the Election Commission on the aspect of decriminalizing politics. In the 244th report of the Law Commission submitted in 2014, he pointed out that the Law Commission recommended disqualification of persons against whom charges have been framed at least one year before the date of scrutiny of nominations for an offence punishable with a sentence of five years or more.

The bench agreed to examine the issue in the light of the recommendation made by Law Commission particularly since the report dealt with the need to curb the trend of criminal netas in legislature posing serious consequences to democracy and secularism.

The petition said that there has been an increase of 44% in the number of MPs with declared criminal casers since 2009. In the 2019 Lok Sabha elections, 159 MPs had declared serious criminal cases against them which included rape, murder, attempt to murder, kidnapping, crimes against women, etc. This was 29% of the 542 winners. In 2014, only 21% MPs faced heinous crimes.