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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.

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Magnus Carlsen hails Gukesh Dommaraju’s historic Chess World Championship 2024 win

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Magnus Carlsen hails Gukesh Dommaraju's historic Chess World Championship 2024 win

Indian chess prodigy Gukesh Dommaraju etched his name in history by becoming the youngest-ever Chess World Champion 2024, defeating defending champion Ding Liren in the final round. The 18-year-old’s victory marks a monumental achievement, making him the second Indian to claim the title after Viswanathan Anand.

Gukesh’s remarkable performance throughout the tournament, including a standout display at the Candidates event, has drawn widespread praise, including from world number one Magnus Carlsen. The Norwegian legend lauded Gukesh’s strategic prowess and predicted a bright future for the young champion, suggesting he could soon become the world’s second-ranked player and possibly challenge for the top spot.

Carlsen, who chose not to defend his title in 2023 after a decade of dominance, commended Gukesh’s team for their innovative strategies. “It’s an incredible achievement. Gukesh’s performance in the FIDE circuit, the Chennai tournament, and the Candidates event was extraordinary,” Carlsen said during a recap stream.

The former world champion, however, ruled out the possibility of a title match with Gukesh. “I’m not part of this circus anymore,” Carlsen said, maintaining his decision to step away from world championship clashes.

Despite this, Gukesh expressed his admiration for Carlsen, stating his desire to compete against the Norwegian at some point. “Winning the Chess World Championship 2024 doesn’t make me the best player—Magnus Carlsen is still the benchmark. It would be an amazing challenge to face him,” Gukesh said during a press conference.

Gukesh’s victory has been celebrated as a milestone for Indian chess, highlighting the nation’s growing prominence in the global chess arena. Carlsen called it a “massive moment for India,” emphasizing the collective efforts that have fueled such successes.

“This is just the beginning,” Carlsen remarked. “There are many more success stories to come. Gukesh’s win is a testament to the hard work being done in India’s chess ecosystem. It’s heartwarming to see what it means to him and the country.”

With his victory, Gukesh Dommaraju has not only claimed the prestigious title but also set the stage for an exciting new chapter in international chess. As he aims for even greater heights, the chess world watches with bated breath to see how far this young talent will go.

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Actor Allu Arjun arrested over Hyderabad theatre stampede

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Allu Arjun

Telugu superstar Allu Arjun has been arrested in connection with a tragic stampede outside Sandhya Theatre, Hyderabad, which led to the death of a 35-year-old woman and left her young son injured. The incident occurred on December 3 during an unscheduled visit by the actor to a screening of his much-anticipated film, Pushpa 2: The Rule.

The 41-year-old actor was taken into custody from his residence in Jubilee Hills and brought to the Chikkadpally Police Station. Present at the time of his arrest were his father, renowned filmmaker Allu Arvind, and other family members.

Police have registered charges against Mr. Arjun, members of his security team, and the theatre’s management, including culpable homicide not amounting to murder and voluntarily causing hurt. Investigators are focusing on whether the actor had obtained police permission for the visit and his interaction with fans at the venue, which is located in a busy area surrounded by multiple cinema halls.

The stampede unfolded after Allu Arjun and Pushpa 2 music director Devi Sri Prasad made an unannounced appearance at the theatre, attracting a massive crowd. According to Hyderabad Police Commissioner CV Anand, there was no prior notice from the actor’s team or the theatre management about the visit, nor were adequate crowd management measures implemented.

The deceased, identified as Revathi, and her nine-year-old son were caught in the chaos as fans pushed and shoved to catch a glimpse of the star. Police said the pair experienced severe suffocation in the packed crowd before being rescued and rushed to a nearby hospital, where Revathi was declared dead.

The commissioner noted that the lack of separate entry and exit points exacerbated the situation, further highlighting the negligence in planning.

Following the incident, Mr. Arjun moved the Telangana High Court on December 11 to request quashing of the case. However, Hyderabad Police continued their investigation, citing negligence on multiple fronts.

In the wake of the tragedy, Mr. Arjun expressed his grief on social media platform X, stating, “Deeply heartbroken by the tragic incident… My heartfelt condolences go out to the grieving family during this unimaginably difficult time.”

The actor pledged ₹25 lakh as financial assistance to Revathi’s family and assured full coverage of her son’s medical expenses.

Despite his public apology and promises of support, questions remain about the safety measures and planning surrounding the surprise appearance, which turned deadly. Further details are awaited as the investigation continues.

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Privilege motion against Union Minister Kiren Rijiju for calling Opposition MPs unworthy of House

The Union Minister said that if the Opposition cannot respect the chair, then they have no right to be a member of this House.

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Privilege Motion against Union Minister Kiren Rijiju for calling Opposition MPs unworthy of House

Sagarika Ghose, Trinamool Congress MP on Thursday moved a privilege motion against Union Minister Kiren Rijiju for calling opposition MPs unworthy of being in Rajya Sabha.

Reportedly, the notice was endorsed by 60 opposition MPs. This follows a day after Kiren Rijiju, speaking to opposition MPs in Rajya Sabha, said that they all are not worthy of being in this house.

Addressing the media, Trinamool MP Sagarika Ghose said that the Minister for Parliamentary Affairs, Kiren Rijiju, instead of doing his best to run Parliament smoothly, has chosen to repeatedly insult the opposition.

She added that Kiren Rijiju has insulted opposition members and used personal terms both inside and outside Parliament. She continued that this is totally unbecoming of the high office he holds and amounts to total misuse of his position.

In a privilege motion against Union Minister Kiren Rijiju, Trinamool MP accused him of misusing his office and using unparliamentary language against the opposition. Many senior leaders from all opposition parties have signed the motion, she added.

Earlier on Wednesday, Kiren Rijiju criticised opposition members, saying they were not worthy of being in the House. He further defended Vice President and Rajya Sabha Chairman Jagdeep Dhankhar, who has faced opposition attacks.

The Union Minister said that if the Opposition cannot respect the chair, then they have no right to be a member of this House.

Nearly sixty MPs from the opposition INDIA bloc on Tuesday submitted a notice in the Rajya Sabha for a no-confidence motion against Jagdeep Dhankhar. The Opposition accused him of being extremely partisan in his role as chairman of the Upper House.

In the no-confidence motion, Congress Chief Mallikarjun Kharge said that the Opposition have no personal enmity or political fight with him, but want to tell the countrymen that they have taken this step to safeguard democracy, the Constitution, and after giving it a lot of thought.

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