NEW DELHI: It has been a practice that cases filed against candidates for using unfair means in the poll process, including the use of black money, are withdrawn by state govt upon a change in the dispensation. But Supreme Court Monday said the approval of the HC concerned would be needed to drop such cases.Referring to SC judgement that cases concerning sitting MPs and MLAs should be withdrawn only with the leave of HC, a bench of Justices Sanjay Karol and N K Singh said it should be applied to candidates contesting elections as well.“Undoubtedly, this suggestion appears to be a great leap in favour of impartiality; in effect, this would place candidates for elections at the same pedestal as elected MPs and MLAs in relation to criminal prosecutions against them. To our mind, this indicates to candidates and also prospective candidates that indulging in unsavoury practices is not a matter of triviality. Once prosecution is initiated against them, change in political dispensation simpliciter will not let them off the hook. In other words, a constitutional democracy expects from its representatives the same degree of moral rectitude and uprightness,” it said.“The stand of EC is that cases should not be withdrawn as the norm. It is not a hidden truth, however, that changes in political dispensation often lead to such decisions being taken. Needless to say, such practice is entirely antithetical to the spirit of an unbiased criminal justice system, which is a hallmark of a constitutionally governed republic, specially one like India where the separation of powers is clearly recognised, and as far as possible, enforced,” it said.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesIt passed a slew of directions, including one to activate I-T department to take action when Static Surveillance Teams during checks find money in excess of Rs 10 lakh. It held the investigation officer entrusted with the probe thereof shall make every possible endeavour to complete investigations thereinto within a year from date of registration.Expressing concern over the role of black money in electoral politics, SC said, “The three ideas of democracy, the rule of law, and the electoral processes are inextricably linked to one another. If one aspect of any of these three is compromised, it impacts the entirety of the three ideas and their execution…”Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideosCriminal Cases Against Netas: 4,192 Trials Pending, 170 Lok Sabha MPs Face Serious ChargesJSSC-CGL CANCELLED: Jharkhand Students Celebrate After Government Accepts Key Demands“No Compensation, Build A School”: CJP Volunteer Emotional Tribute To Father Leaves Ranka In TearsAsish Banerjee Death Mystery: Threat, Blackmail Angle Probed As Note And Phones Face ScrutinyBJP’s Big Shake-Up: Ram Madhav Returns, Smriti Irani Gets Key Role In Nitin Nabin’s New Team‘Will Rise For Vande Mataram, But Won’t Sing’: Congress MP Imran Masood Amid Sonia Gandhi Row‘Personally Meet Students’: Rahul Gandhi Writes To CM Hemant Soren Over Jharkhand Protests7 Charred To Death, Several Injured In Fire At Hotel Near Tarapith Temple In Bengal’s Birbhum‘Electric Pole Fell’: 7 Women Dead, Many Injured In Stampede At Temple In Bihar’s Lakhisarai‘Only These…’: Rijiju Shares 3 Categories Of ‘Dimagi Naxals’ After Oppn’s Attack On PM Modi123Photostories5 Snakes that thrive in extreme climates: Here’s how they survive harsh weather conditionsForget quinoa: 9 ways to add dalia to your daily breakfast7 email habits that can make you look careless at work even when your actual work is goodGeorgina Rodríguez’s wedding jewellery was pure Kalahari luxury, and the diamonds clearly came to competePriyanka Chopra’s maroon backless gown just gave desi Disney princess energy with a trail that refused to behave10 powerful baby boy and girl names from different cultures that mean strengthOptical Illusion personality test: What you see first reveals your secret personality traitH1N1 or seasonal flu? Symptoms often overlap, but doctors look for these clues before deciding9 ways to add more protein to your rotiOTT releases this week (August 17-August 23): ‘Welcome to the Jungle’, ‘Jana Nayagan’, ‘Lanterns’, ‘Toy Story 5’, ‘Love Is Blind: UK’ Season 3 and more123Hot PicksKarnataka PG Dental admissionBank holidays this weekRBI new rulesBJP new teamJharkhand ProtestUS green cardSmriti IraniSupreme Court HolidayUP NEET UG counsellingTop TrendingK AnnamalaiBengal Hotel FireNoida Biker AccidentTamil Nadu Double MurderAbhijeet DipkeHyderabad MurderMuzaffarnagar Kanwariya MurderWeather TomorrowBengaluru RapidoBen Gvir
NEW DELHI: It has been a practice that cases filed against candidates for using unfair means in the poll process, including the use of black money, are withdrawn by state govt upon a change in the dispensation. But Supreme Court Monday said the approval of the HC concerned would be needed to drop such cases.Referring to SC judgement that cases concerning sitting MPs and MLAs should be withdrawn only with the leave of HC, a bench of Justices Sanjay Karol and N K Singh said it should be applied to candidates contesting elections as well.“Undoubtedly, this suggestion appears to be a great leap in favour of impartiality; in effect, this would place candidates for elections at the same pedestal as elected MPs and MLAs in relation to criminal prosecutions against them. To our mind, this indicates to candidates and also prospective candidates that indulging in unsavoury practices is not a matter of triviality. Once prosecution is initiated against them, change in political dispensation simpliciter will not let them off the hook. In other words, a constitutional democracy expects from its representatives the same degree of moral rectitude and uprightness,” it said.“The stand of EC is that cases should not be withdrawn as the norm. It is not a hidden truth, however, that changes in political dispensation often lead to such decisions being taken. Needless to say, such practice is entirely antithetical to the spirit of an unbiased criminal justice system, which is a hallmark of a constitutionally governed republic, specially one like India where the separation of powers is clearly recognised, and as far as possible, enforced,” it said.
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It passed a slew of directions, including one to activate I-T department to take action when Static Surveillance Teams during checks find money in excess of Rs 10 lakh. It held the investigation officer entrusted with the probe thereof shall make every possible endeavour to complete investigations thereinto within a year from date of registration.Expressing concern over the role of black money in electoral politics, SC said, “The three ideas of democracy, the rule of law, and the electoral processes are inextricably linked to one another. If one aspect of any of these three is compromised, it impacts the entirety of the three ideas and their execution…”
