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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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Madras High Court orders vigilance probe into alleged bribe in gold fraud case

The Madras High Court has ordered a vigilance probe into allegations that a senior lawyer received Rs 50 lakh in a gold trade fraud case registered by the CBI.

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Madras High Court

The Madras High Court has directed a vigilance inquiry into allegations that a senior lawyer allegedly accepted Rs 50 lakh from accused individuals in a gold trade fraud case, purportedly to secure favourable judicial orders.

Justice Nirmal Kumar, who was hearing petitions related to the case, ordered the probe and subsequently recused himself from further proceedings.

Allegations linked to Rs 89.90 crore gold fraud case

The matter stems from a Rs 89.90 crore gold trade fraud case registered by the Central Bureau of Investigation (CBI). Two accused persons have moved the High Court seeking quashing of the case and discharge from the proceedings.

According to court records, a communication sent by a body identifying itself as the All India Lawyers Association for Justice to the judge and the Union Law Ministry alleged that a senior lawyer representing the petitioners had received Rs 50 lakh from the accused. The letter claimed the amount was meant to obtain favourable orders in the case.

Lawyer denies charges

Following receipt of the letter, the court summoned the concerned lawyer for clarification. The lawyer denied the allegations and stated willingness to cooperate with any inquiry.

The CBI’s special public prosecutor urged the court to disregard the letter, arguing that it affected the dignity of the institution and sought steps to identify the sender.

After considering the submissions, the court ordered a vigilance inquiry into the claims. Justice Nirmal Kumar then recused himself from hearing the related petitions.

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Rahul Gandhi meets farmers over India-US trade deal, BJP calls it stage-managed

Rahul Gandhi met farmer leaders over concerns surrounding the India-US trade deal, drawing sharp criticism from BJP, which termed the interaction stage-managed.

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Rahul-Gandhi

Congress leader Rahul Gandhi met representatives of several farmer organisations at his Parliament office to discuss concerns related to the proposed India-US trade framework. The meeting has triggered sharp political reactions, with the Bharatiya Janata Party (BJP) alleging that the interaction was “stage-managed”.

According to details shared, Gandhi — who is the Leader of Opposition in the Lok Sabha — held discussions with representatives of 17 major farmer unions from across the country. The farm leaders conveyed apprehensions that the trade agreement could adversely affect cultivators, particularly those growing corn, soyabean, cotton, fruits and nuts.

They urged the need for a nationwide movement to safeguard farmers’ rights and protect their incomes from any potential impact of the agreement.

BJP alleges ‘artificial narrative’

Responding to the development, Union Minister Piyush Goyal criticised the Congress leader, terming the meeting “artificial” and “baseless”. In a video post on X, Goyal alleged that Gandhi was attempting to mislead farmers.

“Mr Rahul Gandhi has once again rolled out a stage-managed, most artificial and fake narrative,” Goyal said. He further claimed that individuals posing as farmer leaders were aligned with the Congress party and were part of an orchestrated attempt to create confusion.

The minister added that the government had fully protected the interests of farmers in the India-US trade deal and accused the opposition of provoking sentiment against the country’s economic policies.

What the India-US trade framework proposes

The interim trade agreement between India and the United States focuses on lowering tariff barriers while balancing domestic agricultural sensitivities. As part of the arrangement, the US has agreed to reduce reciprocal tariffs on Indian goods — from levels as high as 50 per cent to 18 per cent — benefiting sectors such as textiles, leather, footwear and pharmaceuticals.

The government has maintained that between 90 and 95 per cent of Indian agricultural products remain outside the scope of the agreement, ensuring protection for farmers.

The political exchange reflects broader debate over the potential implications of the trade framework, particularly for the agriculture sector.


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Ex-shooter of Mukhtar Ansari gang shot dead in Barabanki, 15 rounds fired

A former shooter linked to Mukhtar Ansari’s gang was killed in Barabanki after attackers fired 15 rounds at his vehicle during a 10-minute assault.

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A former shooter linked to the gang of Mukhtar Ansari was shot dead in Uttar Pradesh’s Barabanki district after unidentified attackers opened fire on his vehicle.

The deceased, Shoaib alias Bobby, had earlier been associated with Ansari’s criminal network. He was also an accused in the 1999 murder case of Lucknow jailer RK Tiwari.

Attack in Asaini area

According to police officials, the incident took place in the Asaini area when Shoaib was travelling from Barabanki towards Lucknow. A total of 15 rounds were fired at his vehicle during the attack.

Authorities said the firing continued for nearly ten minutes. Eyewitnesses reported hearing multiple gunshots as the vehicle came under sustained fire, creating panic in the locality. The scale of the assault and the number of bullets discharged indicate that more than one attacker may have been involved, police added.

Background of the deceased

Shoaib Bobby had been identified in the past as a shooter for the Ansari gang. He was named as an accused in the 1999 killing of jailer RK Tiwari in Lucknow.

About Mukhtar Ansari

Mukhtar Ansari, who was 63 at the time of his death in 2024, had been booked in 65 criminal cases over the years, including charges of murder and extortion. Despite his criminal record, he was elected five times as a Member of the Legislative Assembly from different political parties.

Born in 1963 into an influential family, Ansari entered organised crime during a period when contract mafia activities were prevalent in parts of Uttar Pradesh. From 2005 until his death, he remained lodged in various jails in Uttar Pradesh and Punjab.

Ansari died of cardiac arrest after being hospitalised in 2024. According to a medical bulletin issued in Hindi, he was shifted from jail in Banda to Rani Durgavati Medical College at around 8.25 pm after complaining of vomiting and being found unconscious.

Police are continuing their investigation into the Barabanki shooting.

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