Petition in SC to ensure political parties publish details of candidates with criminal background

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

''Nahid Hasan is in custody under the Gangster Act imposed on him around 11 months ago and he is the first candidate to file nomination in the first phase of Uttar Pradesh Assembly Elections. On February 13, 2021, Shamli Police imposed the Gangster Act on Nahid Hasan, the two-time MLA from Kairana. ''He has multiple criminal cases and is the mastermind behind the Hindu exodus from Kairana. There are many criminal cases including fraud and extortion and was declared a fugitive by Special MLA-MP Court,'' the plea alleged.

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

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 added that during the electoral process itself, not only do they pump in enormous amounts of illegal money to interfere with the 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 the situation worse,'' it submitted.

The plea 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 contended.