The Supreme Court on Tuesday will deliver verdict on the contentious issue of whether politicians facing criminal charges be barred from contesting elections or should they be disqualified only after conviction. The apex court is hearing a clutch of petitions seeking disqualification of those who are facing criminal cases to tackle criminalisation of politics.
Earlier, in the case, the Supreme Court had noted that criminalisation of politics is rot and had said that it may recommend the Election Commission to make it mandatory for political parties to get their members to disclose criminal cases against them.
Justices Rohinton Fali Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra will be part of the Chief Justice Misra’s bench that is expected to deliver its judgment on the issue.
During the hearing, the Centre had contended that if a person is deprived of contention before it’s proven that he’s guilty, it would amount to a denial of the right to vote, which includes the right to contest.
However, the petitioners have argued that trials in cases involving politicians are deliberately delayed and therefore lawbreakers become lawmakers. Senior advocate Krishnan Venugopal, who is fighting the case against his father, suggested that either a law may be passed or the court can direct the poll panel to ask political parties not to give tickets to persons with criminal records.
Attorney General KK Venugopal differs from his son’s point of view and in the course of the arguments said that taking the separation of powers into account the issue of disqualification of lawmakers should not be dealt with by the judiciary.