SC seeks govt view on barring criminals from elections

 The Supreme Court on Monday asked the government to explain why persons facing charges for serious offences like rape and murder should not be barred from contesting elections.

A bench presided by Justice R M Lodha also pulled up the Centre for failing to file a response to a PIL asking directions to debar people with criminal antecedence and keeping it pending for two years.

In its submission, the Election Commission said, “Where a person has been accused of serious criminal charges and where the court is prima facie satisfied about his involvement in the crime and consequently charges have been framed against such person, then in such cases, keeping such person out of the electoral arena would constitute a reasonable restriction for serving the larger public interest.”

It further said, “Since the confidence of the litigant public gets affected or shaken by the lack of integrity and character of the candidate against whom judicial notice of severe criminal charges has been taken, such candidate must be barred from contesting elections.” Counsel Meenakshi Arora, who filed an affidavit on behalf of the EC, said that even persons found guilty by the Commission of Enquiry should also stand disqualified.

Additional Solicitor General Paras Kuhad, representing the Centre, pointed out that all the recommendations made by the EC had been rejected by the Parliament Standing Committee.