{"id":234708,"date":"2020-08-24T16:14:18","date_gmt":"2020-08-24T10:44:18","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=234708"},"modified":"2020-08-28T12:23:36","modified_gmt":"2020-08-28T06:53:36","slug":"madras-hc-decriminalization-of-politics-why-centre-has-not-enacted-law-as-suggested-by-supreme-court-to-prohibit-persons-facing-criminal-cases-to-enter-into-political-stream","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/08\/24\/madras-hc-decriminalization-of-politics-why-centre-has-not-enacted-law-as-suggested-by-supreme-court-to-prohibit-persons-facing-criminal-cases-to-enter-into-political-stream\/","title":{"rendered":"Madras HC | Decriminalization of Politics: Why Centre has not enacted law as suggested by Supreme Court to prohibit persons facing criminal cases to enter into political stream?"},"content":{"rendered":"

Madras High Court:<\/strong> A Division Bench of N. Kirubakaran and V. Velumani, JJ., while addressing the present petition observed that,<\/p>\n

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“Indian Democracy should not be tainted by criminals.”<\/span><\/p>\n

“…it is seen that some of the criminal elements are floating political parties on their own with the support of their religion or communities and the same is required to be prohibited.”<\/span><\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n

The instant petition has been filed by the wife of the detenu against the detention order passed against her husband as he got about 19 cases pending registered against him for various offences.<\/p>\n

Amongst the 19 pending cases, one has been registered under Section 102 of Penal Code, 1860, another for the offence under Section 307 of IPC, three cases for the offence of dacoity and 1 under NDPS Act and so on.<\/p>\n

In view of the above-stated facts, Court questioned the respondent as to why the investigation has not been properly done and charge sheets are not filed even for the case pending from the year 2009 and directed to file a report regarding the stages of investigation in the cases registered against the detenu as well as the details of pending trial cases<\/em>.<\/p>\n

Respondents stated that out of the 19 cases, detenu has been acquitted only in one case.<\/p>\n

Criminal Elements in Puducherry |Political Parties<\/strong><\/span><\/p>\n

The media reports make it evident that criminal elements in Puducherry have a close connection and support of political parties.<\/p>\n

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Political parties are having criminals as their members and also office-bearers.<\/p>\n

It is brought to the notice of this Court that many cases are relating to inter-gang rivalries and country-made bombs are used to murder the opposite gang members. In total 5 cases, country-made bombs were hurled by the detenu and his associated.<\/p>\n

Further, the court noted that charge sheets have been filed only in two cases in which offences under the Explosives Substances Act, 1908 have been invoked.<\/p>\n

The case wherein double-barrel country made gun was used, no charge sheet has been filed.<\/p>\n

Detenu and his associates are said to have used country-made bombs for murdering “Velazhagan” on 19-04-2017 and a case was registered under Section 302 IPC and 3 of Explosive Substances Act, 1908 and thereafter the case was transferred to CBCID, Puducherry.<\/p>\n

The case for the above-said offence was registered in the year 2017, the sanction for prosecution under the Explosives Substances Act was not granted by the Government.\u00a0 Only after this Court questioned the attitude of the respondents, the government had granted the sanction last week.<\/p>\n

In view of the above-stated position, Court is justified to observe that three years delay in granting sanction for the case registered in the year 2017 is only due to political support enjoyed by the accused.<\/strong><\/span><\/p>\n

Even in the 2015 case, the investigation has not gotten over for the past 5 years.<\/p>\n

Clout with Political Parties<\/strong><\/span><\/p>\n

The above stated would speak about the accused’s clout with political parties, especially ruling parties and police.<\/p>\n

Lethargic attitude of the Police<\/span><\/strong><\/p>\n

Not filing charge sheet would only show how the police has been lethargic even in the cases involving heinous criminals that too murders by using country-made bombs.<\/p>\n

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It is reported in media that even some of the Ministers and Legislators are being given security by rowdy gangs.<\/p>\n

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Safety of people jeopardised<\/span><\/strong><\/p>\n

There seems to be a syndicate between the police force, political leaders and rowdy gangs and hence, the safety and security of the people are jeopardised.<\/span><\/p>\n

Decriminalization of Politics<\/span><\/strong><\/p>\n

It has also been reported by media that persons with criminal background are becoming policymakers and the same has to be prevented alongwith cleansing of the system.<\/p>\n

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The leaders should have a vision for decriminalization of politics.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/blockquote>\n

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In view of the above-stated vision, Central Government should come out with comprehensive legislation to prohibit persons with criminal background from contesting elections to Parliament, State legislature and Local Bodies as was observed by the Supreme Court’s Constitution Bench in Public Interest Foundation v. Union of India,<\/em>(2019) 3 SCC 224<\/a>.<\/span><\/p>\n<\/div>\n

In view of the above, the High Court directed the respondent to answer the following queries:<\/p>\n

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