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Can convicted be barred forever? Supreme Court to take a call

The issue raised in a PIL was referred to the Law Commission of India.

New Delhi: The Supreme Court on Tuesday said it will examine whether convicted persons can be debarred from conesting polls forever.

It will also examine whether a person facing a criminal case in a heinous crime can be disqualified from contesting Assembly or Parliamentary elections at the stage of filing chargesheet or framing of charges or only after conviction.

A bench of Justices Ranjan Gogoi and Navin Sinha posted the petition filed by Delhi BJP spokesperson Ashiwini Kumar Upadhyay who sought a permanent bar on convicted persons from contesting polls for final heairng in July. He also wanted special courts to be set up in each state to dispose of these cases within one year.

The issue raised in a PIL was referred to the Law Commission of India. In its report, the Commi-ssion said “disqualification upon conviction has proved to be incapable of curbing the growing criminalisation politics, owing to long delays in trials and rare convictions.”

The Commission told the court that the filing of the police report (chargesheet) is not an appropriate stage to introduce electoral disqualifications owing to the lack of sufficient application of judicial mind at this stage.

The stage of framing of charges is based on adequate levels of judicial scrutiny, and disqualification at the stage of charging, if accompanied by substantial attendant legal safeguards to prevent misuse, has significant potential in curbing the spread of criminalisation of politics.

( Source : Deccan Chronicle. )
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