Don't expect excuse from political parties in disclosing criminal antecedents of candidates: SC

The Supreme Court on Tuesday said it doesn't expect any excuse from political parties in following its February 2020 order on mandating candidates for polls to disclose criminal antecedents through wide publication.

Responding to a contempt petition that political parties did not adhere to the guidelines during the Bihar Assembly polls held last year, senior advocate P V Surendranath, appearing for CPI(M), tendered an unconditional apology stating that this should not have happened and that there shouldn’t be criminalisation of politics.

"We don’t buy this, sorry, our orders have to be followed,” a bench of Justices R F Nariman and B R Gavai said.

Senior advocate Vikas Singh, representing the Election Commission, proposed freezing and suspending the election symbol of the party in case of violation by a national party.

He submitted that Nationalist Congress Party fielded 26 candidates with criminal antecedents and CPI(M) had fielded four such candidates.

He added that Rashtriya Janata Dal was the biggest defaulter with 103 candidates with criminal antecedent and JDU had fielded 56 candidates having criminal antecedent and BJP 77 candidates.

“All (parties) have similar answers - the candidate is a social worker etc. When a chargesheet for rape is filed, can a political party take such a stand?,” he asked.

“Inspite of bringing out criminal antecedents in the public domain, criminalisation of politics has gone up,” he said.

Senior advocate K V Viswanathan, amicus curiae in the matter, submitted suspension (of election symbol in case of violations) can be time-bound and the idea is to evolve a deterrent on the party.

The bench, for its part, asked Viswanathan if it is possible to say in case of a non-egregious violation, the parties can be suspended for a period and in egregious violations, like with these two parties, they can be suspended till next election.

The bench also said at national level parties, if a small chap in some panchayat does something, the entire party can't be thrown out.

Viswanathan added court can lay down appropriate guidelines, judicial review is available. The bench replied, “How do you find if it has been done by the party or only the candidate?”

Senior advocate Harish Salve, also appearing for EC, agreed with Viswanathan’s suggestion that appropriate sanctions may be imposed on the errant political parties. Salve added, and if sanction is made, let it not be Re 1, so people don't have photos taken with a coin handed over and a smile on their face.

After detailed arguments, the top court reserved the judgment in the matter.