Active Stocks
Thu Mar 28 2024 15:59:33
  1. Tata Steel share price
  2. 155.90 2.00%
  1. ICICI Bank share price
  2. 1,095.75 1.08%
  1. HDFC Bank share price
  2. 1,448.20 0.52%
  1. ITC share price
  2. 428.55 0.13%
  1. Power Grid Corporation Of India share price
  2. 277.05 2.21%
Business News/ Politics / Policy/  Supreme Court seeks data on conviction of politicians in criminal cases
BackBack

Supreme Court seeks data on conviction of politicians in criminal cases

Supreme Court also asked whether its direction to complete trial of politicians within a year was being effectively implemented

The Supreme Court said that data about the conviction rate of politicians in criminal cases would open up a ‘new dimension’. Photo: Pradeep Gaur/MintPremium
The Supreme Court said that data about the conviction rate of politicians in criminal cases would open up a ‘new dimension’. Photo: Pradeep Gaur/Mint

New Delhi: The Supreme Court on Tuesday sought to know the rate of conviction of politicians in criminal cases and asked whether its direction to complete trial against them within a year was being effectively implemented.

The apex court said that data about the conviction rate of politicians in criminal cases would open up a “new dimension" and sought to know whether it would act as a “deterrent" if the trial against lawmakers is completed in a year. “We would also like to know what is the rate of conviction. That will throw open a new dimension. We will see that criminal cases against politicians, if it does not end in conviction, then why? What are the reasons for it," a bench of justices Ranjan Gogoi and Navin Sinha said.

The top court made these observations while hearing petitions seeking to declare the provisions of the Representation of People (RP) Act, which bar convicted politician from contesting elections for six years after serving jail term, as ultra-vires to the constitution. During the hearing, the bench asked the lawyer appearing for one of the intervenors about the data of cases pending against lawmakers in trial courts and high courts across the country and also whether there was stay on any of them.

The lawyer told the court that it was an important aspect and he would file an affidavit giving details of the data available on the national judicial data grid as well as with the Election Commission of India (EC). “We do not think it would be easy for you to collect data from the EC as cases are pending in the trial courts and different high courts," the bench said, adding, “we can see your anxiety for purity in elections".

“If the trial (against politicians) is over in one year, do you think it would be a deterrent," the bench asked. Referring to a data, the counsel claimed that an estimated 34% of parliamentarians had criminal record. The bench observed that a direction was earlier passed by the top court that trial against politicians should be completed within a year and wanted to know how effectively was that order being implemented.

The court also asked what would happen to a judge when charges were framed against him or an FIR lodged. To this, the counsel said “the court has laid down such a high and rigorous standards for judges. If this is the position in case of judges, why can’t the same be there in case of politicians". The lawyer argued that if a lawmaker was convicted by a court of law, he should be permanently barred from politics.

The arguments remained inconclusive and would continue Wednesday. Advocate Ashwini Kumar Updhyay has filed a PIL in the matter, while several others have come to the apex court as intervenors. The apex court had on 12 July pulled up the EC for not taking a clear stand on a plea seeking barring of convicted politicians for life.

The centre, in its affidavit, had said the prayer sought by the petitioner seeking life-time bar on convicted lawmakers was not maintainable and the plea should be dismissed. The petition has also sought a direction to the centre and the EC to fix minimum educational qualification and a maximum age limit for persons contesting polls.

Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!

Catch all the Politics News and Updates on Live Mint. Download The Mint News App to get Daily Market Updates & Live Business News.
More Less
Published: 31 Oct 2017, 06:58 PM IST
Next Story footLogo
Recommended For You
Switch to the Mint app for fast and personalized news - Get App