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SC leaves it to Parliament to frame law to bar criminal politicians from contesting polls

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SC leaves it to Parliament to frame law to bar criminal politicians from contesting polls

The Supreme Court on Tuesday ruled that it cannot disqualify candidates with criminal cases against them from contesting elections and urged the Parliament to enact a law to ensure that people with serious criminal charges do not enter public life.

A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra and also comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, said the time had come for a law against criminalisation of politics. The “nation eagerly waits for such legislation”.

The apex court said that the country was facing an increasing trend of criminalisation of politics and that it strikes at the very root of democracy.

The SC bench, however, issues directives to check criminalisation.

It directed that all candidates must state, in bold, details of criminal cases pending against them in their election affidavit. Candidates must also share this information with their respective political parties, which will in turn upload this on their websites.

Parties should also issue a declaration on the criminal antecedents of their candidates in a widely circulated publication, said the SC bench. It said this should be done at least three times after filing of nomination papers.

To facilitate this transparency by parties, candidates should first give complete information about their criminal past or pending cases to the parties on whose ticket they intend to contest elections, stated the judgment.

This is to ensure that the ordinary voter can have an “informed choice” about who (s)he has to vote for in a country “tired of money and muscle power,” said the court.

The direction to compel political parties to go public about their “criminal” candidates is a step to “foster and nurture an informed citizenry” and to protect the “culture and purity in politics.”

The court said criminal politicians are nothing but a liability to this country. Their presence in power strikes at the roots of democracy. Criminalisation of politics and corruption, especially at the entry level of elections, has become a national and economic terror. It is a disease which is self-destructive and becoming immune to antibiotics, opined the court.

“There is a steady increase in the level of criminality creeping into politics,” the court observed. Parties need to come clean about the criminal elements within their apparatus.

Chief Justice Misra, who authored the verdict for the Bench, directed “each contesting candidate,” whether he or she belongs to a party or not, to fill up all the required information in the forms to be submitted to the Election Commission of India before an election.

The Bench, however, made it clear that the Supreme Court cannot legislate for Parliament and add a disqualification that candidates charged with heinous crimes should be banned from contesting elections.

The chief justice added that the court was “not in a position to add disqualification of candidates on filing of chargesheet in criminal cases.”

The Court urged Parliament to consider such a disqualification, saying the nation eagerly awaits its decision. It noted that the Election Commission of India has its hands tied, watching on as criminalisation of politics at the entry level is on the rise.

“It is the duty of parliament to keep money and muzzle power at bay. Parliament should cure the malignancy and it is not incurable before it becomes fatal to democracy,” Chief Justice of India Dipak Misra said.

The SC said “time has come for the Parliament to act” and empower the poll body. “The court declares the law, the Parliament makes the law,” Justice Nariman had observed.

Chief Justice Misra had pointed out that Parliament was obliged under Article 102 (1) (e) to make a law. “As conscience-keepers of the Constitution, we [Supreme Court] can ask you [Parliament] to do it,” he stated.

False cases foisted upon politicians

During arguments, Attorney General KK Venugopal, representing the centre, had said that denying a person the right to contest polls on a party ticket would amount to denying them the right to vote, which includes the right to contest. “Mere allegation cannot prevent a member from contesting.”

The court, he asserted, can’t remain oblivious of the fact that political aspirants are often framed in cases ahead of polls and said that fast-track courts to try accused politicians were “the only solution”.

The petitioners pointed out that trials in cases involving politicians were deliberately delayed, and therefore, several lawbreakers entered the legislature and become lawmakers.

Chief Justice Dipak Misra said, “It is one thing to take cover under the presumption of innocence, but it is another to allow politics to be smeared by criminal stain.” The court said Parliament should also consider the issue of false cases foisted upon politicians.

Under the Representation of the People Act, convicted lawmakers are disqualified from contesting elections, but not accused ones.

The bench was hearing a batch of petitions seeking disqualification of chargesheeted lawmakers from contesting elections. The petitions were filed by NGO Public Interest Foundation and Delhi BJP leader Ashwini Kumar Upadhyay. The bench had reserved its verdict in the case on August 28.

In an affidavit submitted to the Supreme Court in March this year, the Centre said a total of 3,816 criminal cases were registered against 1,765 MPs and MLAs across the country, of which 3,045 cases are pending. The figures did not include cases registered in Maharashtra and Goa. Uttar Pradesh leads the pack with 565 cases against 248 MPs and MLAs, followed by Kerala with 533 cases against 114 legislators. Tamil Nadu is third on the list with 402 cases against 178 MPs and MLAs, of which 324 are pending.

Entertainment

Santosh, UK’s official Oscar entry, banned for release in India

Sandhya’s dedication to her work and the issues it represents remains steadfast, as she navigates the complexities of censorship and strives to maintain the integrity of her film amidst these challenges.

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British-Indian filmmaker Sandhya Suri’s thought-provoking film, “Santosh”, is facing significant hurdles in obtaining a theatrical release in India due to the Central Board of Film Certification (CBFC) demanding substantial cuts.

The board has specifically objected to the film’s representation of police conduct as well as its exploration of sensitive societal issues, such as caste discrimination and police brutality, which are central to the film’s narrative.

In an interview, Sandhya expressed her deep disappointment, stating, “I was eager for the film to be released in India, and I explored various options to accommodate their requests. However, the extent of the cuts required ultimately made it impossible to maintain the film’s coherence or stay faithful to its original vision.”

She emphasized that the censorship board’s demands were not merely about minor adjustments; they were so extensive that they would compromise the film’s essence.

For Sandhya, the integrity of “Santosh” is paramount. She noted that complying with the proposed changes would effectively strip the film of its original message and vision, rendering it unrecognizable. The film is particularly significant, featuring an entirely Indian cast and presented in Hindi, the predominant language of North India, which underscores its cultural roots. Interestingly, when the filmmakers initially submitted the script for approval to shoot, they encountered no objections, and the largest cinema chain in India had already agreed to distribute the film as of January.

Santosh premiered at the esteemed Cannes Film Festival, where it received widespread acclaim, highlighting its powerful storytelling and cultural relevance. It was submitted as the UK’s official entry for the Oscars in the International Feature category, showcasing its international appeal. Additionally, the film earned a nomination for Best Debut Feature at this year’s BAFTA Awards, further solidifying its recognition on a global stage.

Sandhya’s dedication to her work and the issues it represents remains steadfast as she navigates the complexities of censorship and strives to maintain the integrity of her film amidst these challenges.

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Entertainment

Ben Affleck opens up on Batman role, reveals his son was scared of Batman films

In a candid interview, Ben Affleck called his Batman role in the DCEU ‘excruciating’ and revealed that even his son was too scared to watch the dark-toned films.

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Ben Affleck Batman, DCEU Batman experience, Ben Affleck interview GQ, Batman v Superman, Justice League, The Accountant 2

Ben Affleck, once the most high-profile actor to wear the cape and cowl as Batman in the DC Extended Universe (DCEU), has candidly admitted that his time as the Dark Knight was far from enjoyable. In a new interview with GQ, Affleck called the experience “excruciating,” citing misaligned visions and a personal loss of interest in superhero films.

Affleck, who starred in Batman v Superman: Dawn of Justice, Justice League, and made appearances in other DCEU titles, never got the chance to make his much-anticipated solo Batman film, which he was also set to direct. Reflecting on that period, he said, “There are a number of reasons why that was a really excruciating experience… a lot of it was misalignment of agendas, understandings, expectations.”

He admitted that he too bore responsibility, stating, “I wasn’t bringing anything particularly wonderful to that equation at the time, either. I had my own failings, significant failings, in that process and at that time.”

Affleck says the darker tone alienated younger audiences, including his son

The Oscar-winning actor shared that the darker, more mature tone of the DC films further distanced him from the genre. Notably, even his own son was unable to watch the films because of their intensity.

“It started to skew too old for a big part of the audience. Like even my own son at the time was too scared to watch the movie. And so when I saw that I was like, ‘Oh shit, we have a problem,’” Affleck said.

He explained how creative differences between the filmmakers and studio also made the process difficult. “Then you have two entities, two people really wanting to do something different and that is a really bad recipe,” he added.

From Batman to The Accountant 2

Affleck debuted as Batman in 2016’s Batman v Superman: Dawn of Justice, starring alongside Henry Cavill. His stint also included appearances in Suicide Squad and Justice League. Plans for a solo Batman film under his direction never materialized, and the DCEU eventually folded in 2023.

The actor is now focused on other projects, with his upcoming film The Accountant 2 set for release next month.

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India News

Airtel launches IPTV service across 2000 cities with plans starting at Rs. 699

Airtel has launched IPTV services across 2000 Indian cities, offering bundled OTT apps, Wi-Fi, and 350+ TV channels, starting at Rs. 699 per month.

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Bharti Airtel has rolled out its new IPTV service in over 2000 cities across India, aiming to provide users with a unified entertainment experience through the large screen. The service, which includes bundled Wi-Fi, OTT apps, and live TV channels, is available for both new and existing Airtel broadband users, starting at Rs. 699 per month.

How to access Airtel IPTV

New subscribers can get started by purchasing a new Airtel Wi-Fi plan through the company’s website or by visiting a nearby store.
Existing Airtel Wi-Fi users have the option to upgrade to IPTV services via the Airtel Thanks app or by heading to any Airtel store.

Features and plan details

Airtel’s IPTV offering includes access to more than 600 live TV channels and a wide catalog of on-demand content from 29 leading OTT platforms such as Netflix, Amazon Prime Video, Apple TV+, SonyLIV, and ZEE5.

The company is also offering up to 30 days of free service as part of an introductory promotion, claimable through the Airtel Thanks app.

Tariff details:

PlanWi-Fi SpeedOTT PlatformsTV Channels
Rs. 69940 Mbps26 apps350 channels
Rs. 899100 Mbps26 apps350 channels
Rs. 1099200 Mbps28 apps (incl. Apple TV+, Prime)350 channels
Rs. 1599300 Mbps29 apps (incl. Netflix, Apple TV+, Prime)350 channels
Rs. 39991 Gbps29 apps (incl. Netflix, Apple TV+, Prime)350 channels

Availability and rollout plans

Currently, the service is accessible across most of India, except in Delhi, Rajasthan, Assam, and the Northeastern states, where it will be introduced in the coming weeks. Airtel confirmed that more rollout updates will be shared shortly.

Siddharth Sharma, CEO – Connected Homes and Chief Marketing Officer at Bharti Airtel, shared his views on the launch, emphasizing the company’s commitment to delivering an enhanced viewing experience for Indian households.

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