The Hindu : Candidates charged in 2 cases of `heinous crime' will be barred

Online edition of India's National Newspaper
Tuesday, Jul 16, 2002

Front Page

Front Page

Candidates charged in 2 cases of `heinous crime' will be barred

By Our New Delhi Bureau

NEW DELHI July 15. The Union Law Ministry today finalised the Representation of the People (Amendment) Bill, 2002, which seeks to bar persons against whom charges have been framed by courts in two separate cases of heinous crimes from contesting elections as against the existing norm of two years' conviction in a criminal case.

The draft Bill, prepared on the basis of suggestions made at the all-party meeting held on July 8, was today circulated by the Law Minister, Jana Krishnamurthy, to various political parties and leaders for their suggestions and comments by July 21.

The Bill effectively nullifies the Election Commission notification on June 28 giving effect to the Supreme Court directions and dispenses with the imperative for furnishing information in an affidavit by candidates about their criminal antecedents, assets and liabilities and educational qualification.

Under Sec. 8B of the Bill, a person against whom charges have been framed in two separate criminal proceedings in heinous crimes at least six months prior to the date of filing of nomination shall be disqualified till his acquittal or discharge in any such proceedings.

Heinous crimes has been defined to include murder, treason, kidnapping for ransom, rape, dacoity, dacoity with murder, drug smuggling and causing death by terrorist act as per the provisions of the Prevention of Terrorism Act.

Further, Sec. 33A virtually nullifies the May 2 Supreme Court order by saying that "notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information in respect of his election, which is not required to be disclosed or furnished under this Act or the rules made thereunder''.

Furnishing of educational qualification of the candidates at the time of filing nomination has also been dispensed with in the Bill. If it was found that the candidate had concealed information regarding charges framed against him in two separate criminal proceedings or furnishes false information, he will be disqualified to be a Member of the Assembly or Parliament, as the case may be.

If necessary, the Government proposes to convene another meeting with leaders of various political parties, before giving shape to the Bill for its introduction in Parliament in the current session.

Printer friendly page
Send this article to Friends by E-Mail

Front Page

Stories in this Section

Death for Omar Sheikh in Pearl murder case

Candidates charged in 2 cases of `heinous crime' will be barred

90 per cent turnout for Presidential poll

Govt. to face adjournment move

Gill leaves Gujarat

Notice on emission norms

Alexander files papers

Pfizer buys out Pharmacia