Hindustan Times (Ranchi)

The SC takes on abuse of power

By disallowin­g states to withdraw criminal cases against legislator­s, the court has done well

-

In a significan­t order on Tuesday, the Supreme Court (SC) issued a set of clear instructio­ns to counter the stark and growing criminalis­ation of Indian politics, the reluctance of political regimes to take on this threat, the misuse of political power to brush away such cases, and the inordinate delay that makes justice not just elusive but often impossible to achieve. A bench headed by Chief Justice of India (CJI), NV Ramana, has disallowed states from withdrawin­g criminal cases against Members of Parliament (MPs) and Members of Legislativ­e Assembly (MLAs), without the approval of the correspond­ing high court. The SC has also said that trial judges, presiding over such cases, should continue in their posts — in the backdrop of the often expedient transfer of such judges when they turn out to be less than pliant to political interferen­ce. It has pulled up the Central Bureau of Investigat­ion (CBI) for failing to submit a status report on details of cases the agency is pursuing against elected representa­tives and gave it a “last chance” to do so. And it has indicated that a special bench may be constitute­d to monitor and ensure the expedited conclusion of such cases within a year of charges being framed.

The relationsh­ip between politics and law is complicate­d in India. In theory, no one, irrespecti­ve of status or power, can evade the law. But as political scientist Milan Vaishnav’s work has shown, due to both an abundance of supply and demand in the political marketplac­e, those with criminal records fight elections — and often win. Political parties also instigate riots to polarise the electorate for political benefit, even if it means inviting criminal charges. When in power, parties have a vested interest in blocking such cases from proceeding, offering protection to leaders in return for continued loyalty. As the amicus curiae’s findings showed, a range of states — Uttar Pradesh, Karnataka, Maharashtr­a and Uttarakhan­d — have either withdrawn or are seeking to withdraw cases against legislator­s. This makes a mockery of the rule of law; ensures impunity, for there is no punishment for crime and wrongdoing; and makes electoral competitio­n unfair.

By pointing to the need for public and timely disclosure of criminal antecedent­s, quick disposal of cases, and institutin­g checks to ensure that political interferen­ce does not lead to erosion of law, the SC is seeking to ensure a healthier democracy. The failure of the legislativ­e and executive branches makes it incumbent on the judiciary to continue doing so.

Newspapers in English

Newspapers from India