New Delhi: The Supreme Court on Monday (February 10) flagged the issue of “criminalisation of politics” as a major issue and asked how could a person convicted in a criminal case come back to parliament or legislature.
A bench comprising Justice Dipankar Datta and Justice Manmohan was hearing a Public Interest Litigation (PIL) filed by advocate Ashwini Upadhyay seeking a life ban on convicted politicians and speedy trial of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).
Bench sought assistance of Attorney General of India on the issue
The bench, while seeking the assistance of the Attorney General of India (AG) on the issue, sought the responses from the Centre and Election Commission of India (ECI) within three weeks on the plea challenging constitutional validity of Sections 8 and 9 of Representation of People (RP) Act.
What did the apex court say?
“Once he is convicted, and the conviction is upheld…how can people come back to Parliament and legislature? That they have to answer. There is also an apparent conflict of interest. They would be vetting the laws…,” the bench said.
The bench further added, “We need to be enlightened on sections 8 and 9 of Representation of People Act. A government employee who is found guilty of corruption or disloyalty to state is not considered suitable in service even as a person but can be minister,” news agency PTI reported.
Bench directed matter be placed before the CJI for consideration by a larger bench
The bench noted that a full bench (three-judge bench) had passed the judgement on expeditious disposal of criminal cases against lawmakers and said that it would be inappropriate for a division bench (two-judge bench) to reopen the case and directed the matter be placed before Chief Justice of India (CJI) Sanjiv Khanna for the consideration by a larger bench.
Senior advocate Vijay Hansaria, who is assisting the court as amicus curiae, submitted before the court that a large number of cases were pending against the lawmakers despite orders by the apex court and monitoring by the high court.
