SC bench irked over disruptions during online hearings due to use of mobile phones by lawyers

A ipetition has been filed before the Supreme Court seeking a direction to the Election Commission to ensure that all political parties publish details regarding criminal cases of candidate along with the reason for their selection on the home page of its official website.

Besides the website, the petition has also sought a direction to the Election Commission of India (ECI) to ensure that every politician publishes the details in electronic, print and social media, and to file a contempt case against the president of the party which violates such directions.

The petition, filed by advocate Ashwini Kumar Upadhyay in view of upcoming assembly elections, also sought a direction to the ECI to ensure that every political party explains why it preferred a person with criminal cases and did not select a candidate without criminal antecedents.

“The petitioner also seeks direction to the Election Commission of India to de-register the political party, which violates the directions of the Supreme Court,” the petition, filed through advocate Ashwani Kumar Dubey, said.

It claimed that the petition was filed after Samajwadi Party, which is a registered and recognised political party, fielded alleged gangster Nahid Hasan from Kairana but neither published his criminal records in electronic, print or social media nor the reason of his selection within 48 hours in spirit of the direction passed earlier by the Supreme Court.

“The injury caused to citizens is extremely large because even recognised political parties are giving ticket to dreaded criminals. Therefore, voters find it difficult to cast their vote freely and fairly, though it’s a fundamental right under Article 19,” the petition claimed.

The consequences of permitting criminals to contest, become legislators are extremely serious for democracy and secularism, it added.

It added that during electoral process itself, not only do they pump in enormous amount of illegal money to interfere with outcome but also intimidate voters or rival candidates. “Thereafter, in our weak rule-of-law, once they gain entry to the governance as legislators, they interfere with, and influence, the functioning of government machinery in favour of themselves and their organisation by corrupting government officers and, where that does not work, by using their contacts with ministers to make threats of transfer and initiation of disciplinary proceedings. Some become ministers, which makes situation worse,” it submitted.

It added that legislators with criminal antecedents attempt to subvert the administration of justice and attempt by hook or crook to prevent cases against themselves from being concluded and, where possible, to obtain acquittals. Long delays in disposal of cases and low conviction rates are a testimony to their influence, it said.