Ban on criminals in polls against democracy: Supreme Court
New Delhi: Debarring persons against whom charges were framed in heinous crimes from contesting elections will be against the democratic polity and ethos of this country, the Supreme Court observed on Tuesday.
Chief Justice H.L. Dattu, heading a three-judge bench, made this observation during the hearing of a petition filed by Public Interest Foundation and others seeking a direction to debar chargesheeted/charges-framed persons from contesting elections.
The CJI told the counsel that the Representation of the People Act provided for disqualification of candidates post-conviction in a criminal case. He said: “If your contention that persons against whom charges are framed should be prevented from contesting elections, it would result in danger to the democratic polity and ethos of this country”.
The CJI pointed out that a chargesheeted person was presumed to be innocent till the completion of the trial in a fair manner and pronounced guilty.