HC: Parliament and Election Commission shall ensure all Criminals are removed from Politics,

 

Denying bail to a sitting MP, the Allahabad High Court has called upon the Parliament to to show its collective will to restrain the criminals from entering into the politics, Parliament, or legislature to save democracy and the country governed on democratic principles and rule of law.

The single-judge bench of Justice Dinesh Kumar Singh was adjudicating upon bail application of Atul Rai Bahujan Samaj Party who was charged under Sections 120B, 167, 195A, 218, 306, 504 and 506 IPC in connection with an Abetment of Suicide case.

The Court pointed out that the accused-applicant to his credit so far has 23 criminal cases, which include cases of kidnapping, murder, rape and other heinous offences and although the accused-applicant has secured acquittal in some of the cases against him but some of the heinous cases including murder and rape etc., are still pending.

It commented that it is evident from his long criminal history of heinous offences that the accused-applicant is a ‘Bahubali, a criminal turned politician who has terrorized the victim in the present case with undue pressure and got several cases registered against her to this regard.

"The victim and her friend were so much harassed and tortured that they became desperate as they perceived that they would not get justice. They had fears about their lives. Their dignity, character and image were being tarnished and besmirch."

 Reflecting on how they attempted suicide outside the Supreme Court gate and later on died during the course of treatment, the Court remarked:

"It is unfortunate and the greatest irony of the largest democracy of the world that as many as 43 percent of the Member of Lok Sabha who got elected in 2019 general elections are having criminal cases including cases related to heinous offences pending against them."

It referred to the case in Public Interest Foundation & Ors. Vs. Union of India & ANR., 2018 Latest Caselaw 706 SC wherein the Supreme Court has taken note of 244th Law Commission report in which it was said that 30 per cent or 152 sitting M.P.s were having criminal cases pending against them, of which about half i.e. 76 were having serious criminal cases.

 

"This phenomenon has increased with every general election. In 2004, 24 per cent of Lok Sabha M.Ps. had criminal cases pending, which increased to 30 per cent in 2009 elections. In 2014, it went up to 34 per cent and in 2019 as mentioned above, 43 per cent Members of Parliament who got elected for Lok Sabha are having criminal cases pending against them", the Court added.

The Supreme Court has taken judicial notice of criminalization of politics and imperative needs of electoral reforms. There have been several instances of persons charged with serious and heinous offences like murder, rape, kidnapping and dacoity got tickets to contest election from political parties and even got elected in large number of cases, it said.

"The Supreme Court has said that this leads to a very undesirous and embarrassing situation of law breakers becoming law makers and moving around police protection. The Supreme Court in the said case has directed the Election Commission of India to take appropriate measures to curb criminalization in politics but unfortunately collective will of the Parliament has not moved in the said direction to protect the Indian Democracy going in the hands of criminals, thugs and law breakers. If the politicians are law breakers, citizens cannot expect accountable and transparent governance and the society governed by the rule of law be an utopian idea."

 

The Court further added that today's politics is caught in crime and nexus between crime and politics is serious threat to democratic values.

"No one can dispute that the present day politics is caught in crime, identity, patronage, muscle and money network. Nexus between crime and politics is serious threat to democratic values and governance based on rule of law. Elections of Parliament and State Legislature and even for local bodies and panchayats are very expensive affairs. The record would show that the elected members of Lok Sabha with criminal records are extremely wealthier candidates. For example, in 2014 Lok Sabha election 16 out of 23 winners having criminal charges in their credit related to murder were multi-millionaire. After candidates get re-elected, their wealth and income grows manyfold which is evident from the fact that in 2014, 165 M.Ps. who got re-elected, their average wealth growth was Rs.7.5 Crores in 5 years."

Shedding light on deeds of ‘Bahubalis’and other criminals used to provide support to candidates on various considerations including caste, religion and political shelter, the Court was amused to mention that now criminals themselves are entering into politics and getting elected as the political parties do not have any inhibition in giving tickets to candidates with criminal background including those having heinous offence(s) registered against them. 

Stating that confirmed criminal history sheeters and even those who are behind bars are given tickets by different political parties and surprisingly some of them get elected as well, the Court called upon Parliament to show some strength to make a difference and eliminate this aspect that's polluting the politics and shaking the foundations of democracy.

Stressing that criminalization of politics and corruption in public life have become the biggest threats to idea of India, its democratic polity and world’s largest democracy, the Court also asked citizens to restrain from making room for such tainted personalities in the public sphere.

"There is responsibility of civil society as well to rise above the parochial and narrow considerations of caste, community etc and to ensure that a candidate with criminal background does not get elected."

 

"There is an unholy alliance between organized crime, the politicians and the bureaucrats and this nexus between them have become pervasive reality. This phenomenon has eroded the credibility, effectiveness, and impartiality of the law enforcement agencies and administration. This has resulted into lack of trust and confidence in administration and justice delivery system of the country as the accused such as the present accused-applicant win over the witnesses, influence investigation and tamper with the evidence by using their money, muscle and political power. Alarming number of criminals reaching Parliament and State Assembly is a wake up call for all. Parliament and Election Commission of India are required to take effective measures to wean away criminals from politics and break unholy nexus between criminal politicians and bureaucrats."

In the present matter, considering the heinousness of offence, might of the accused, evidence available on record, impact on society, possibility of accused tampering with the evidence and influencing/ winning over the witnesses by using his muscle and money power, the Court rejected the bail plea.

 

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(With input from news agency language)

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