Candidates with criminal cases in fray: SC orders High Court oversight

With the imminent assembly elections in five states, the Supreme Court has taken a stern stance on cases involving criminal charges against political leaders. In a significant move, the Supreme Court has issued directives to high courts to oversee cases related to Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) facing criminal charges. […]

by Manoj Manu - November 11, 2023, 8:50 am

With the imminent assembly elections in five states, the Supreme Court has taken a stern stance on cases involving criminal charges against political leaders. In a significant move, the Supreme Court has issued directives to high courts to oversee cases related to Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) facing criminal charges. The court has emphasized that the Chief Justice of the respective high court should take cognizance of such cases, conduct hearings, and oversee the trial proceedings in the special court at the district level.

The decision, delivered by Chief Justice DY Chandrachud, acknowledged that creating guidelines for every state might not be feasible due to variations in circumstances. Consequently, the responsibility of monitoring cases against MPs and MLAs has been entrusted to the High Courts, allowing them the flexibility to tailor their approach based on local conditions.

In the context of the upcoming Madhya Pradesh Assembly elections, a total of 424 candidates are vying for victory, with a staggering 472 of them facing criminal cases. This revelation is drawn from the affidavits submitted by the candidates. Disturbingly, in 26 constituencies, both the Bharatiya Janata Party (BJP) and the Congress have fielded candidates with criminal charges.

The state boasts 79 seats where three or more candidates are contending with criminal charges. The Mudwara constituency tops the list with seven such candidates. Other constituencies like Bhind, Sironj, and Balaghat each have six candidates entangled in criminal cases. Meanwhile, 14 constituencies have candidates with four to five criminal charges, and 25 constituencies feature four candidates each facing criminal allegations.

The BJP and Congress have not shied away from fielding candidates with criminal charges in 26 constituencies, including Bhind, Sironj, Balaghat, Dhimni, Pichhore, Alot, Patharia, Indore 1, Tikamgarh, Neemuch, Damoh, Manasa, Bargi, Surkhi, Indore 2, Gadarwara, Burhanpur, Chhindwara, Narsinghpur, Kukshi, Murena, Vidisha, Sabalgarh, Gwalior Kotma, and Sonkatch.
The distribution of candidates with criminal records is not exclusive to major parties. Congress has 117 such candidates, Independents have 110, BJP has 61, Aam Aadmi Party has 22, Azad Samaj Party (Kanshiram) has 21, Bahujan Samaj Party has 19, Samajwadi Party has 19, and other parties collectively account for candidates with criminal charges.

Additionally, cases related to murder attempts, obstruction of governmental work, assault, property disputes, cheating, and other offenses have been filed against candidates from a diverse array of parties. These include the Social Democratic Party of India, United Kranti Party, Samajwadi Janata Party, National Social Party, National New Awakening Party, Backward Society Party United, National Construction Party, National Democratic Party, National Gondwana Party, National World Leader Party, Narmadakhand New Development Army, Jan Adhikar Party, Janata Congress, Janata Dal United, Lok Jan Shakti Party (Ram Vilas), Loktantrik Samajwadi Party, Malwa Congress, Gan Suraksha Party, Communist Party of India (Marxist), Communist Party of India, Indian Veer Dal, Indian Tribal Party, Indian Swarnim Yug Party, All India Majlis-e-Ittehad-ul-Muslimeen, Ahinsa Samaj Party, and All India Forward Block.

The Election Commission has responded to this alarming scenario by setting a deadline of November 14 for political parties to disclose information about criminal cases against their elected candidates through print and electronic media. Out of the 230 assembly seats, 79 constituencies, constituting 24%, are deemed sensitive areas with multiple candidates facing criminal charges. The Election Commission will be vigilant in monitoring these sensitive constituencies, directing district election officials to closely scrutinize the potential misuse of power and influence. Additional units of the Central Police Force and State Police Force will be deployed to ensure swift action on any complaints.