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The Supreme Court while hearing on the plea which has been filed to disqualify candidates against whom criminal charges have been framed, considered the feasibility of the said proposition.
Earlier, the Bench suggested that the court may direct the Election Commission to restrain the political parties from granting tickets to candidates with criminal antecedents. Reference was made to the Election Symbols Order, 1968, stating that the election symbol would be rescinded if it is in violation of mandate of EC.
The Attorney General argued that going back to the stage of charges in not acceptable, as the presumption of innocence attaches throughout. If the candidate is charged, he will be disqualified and a new offence will be created from the backdoor. Section 227 and 228 of the CrPC. Were indicated. The former allows the judge to discharge the accused if after considering the records of the case, there are no sufficient grounds to proceed, while the latter envisages that the charges would be framed only if the Judge is of opinion that the accused has committed an offence.
The chief justice highlighted the fact that the states of MP and Haryana introduced an amendment which required that the candidate must not have more than 2 children, so as to see that the candidate works towards the population control, but the same has been repealed subsequently. The matter about the increasing criminalization of politics was also bought into light.
Besides, focusing on the filing of affidavits by the candidates, the fact of malicious prosecution for political vendetta was also bought in light. It was also contended that there is no constitutional provision which attached liability to a political party from including within it an individual against whom charges have been framed. However, the bench reserved its judgment.
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