By IANS
NEW DELHI: The plea filed before the Supreme Court by advocate Ashwini Kumar Upadhyay contended that the cause of action for filing the plea arose after Samajwadi Party, fielded notorious gangster Nahid Hasan from Kairana but neither published his criminal records in electronic, print and social media nor the reason of his selection within 48 hours.
On February 13, last year, Shamli Police imposed the Gangster Act on Nahid Hasan, who is a two-time MLA from Kairana. “He (Hasan) has multiple criminal cases and is the mastermind behind the Hindu exodus from Kairana. There are many criminal cases including fraud and extortion and was declared a fugitive by Special MLA-MP Court”, said the plea.
The plea argued that the consequences of permitting criminals to contest become legislators are extremely serious for democracy and secularism.
The plea sought a direction to the Election Commission of India to take steps to ensure that every political party publishes the details regarding criminal cases of each candidate along with the reason for such selection on the homepage of its official website in bold letters within 48 hours in the spirit of top court orders passed on September 25, 2018, and February 2, 2020.
“Lawmaking is a serious business and no amount of personal wealth creation, entertainment and/or championship and medal tally can be compared with the importance of the solemn act of a lawmaker in Parliament, which certainly affects every aspect relating to the idea of a nation”, added the plea. The plea contended that criminalisation of politics in India has only grown.
The plea further added, “There are precedents for this Court to give directions to the ECI to preserve purity of elections and protect fundamental rights. In ADR Case, the Court directed ECI to call for information on affidavit from each candidate, inter alia, listing offences with which he is charged, assets of himself and his family by issuing necessary orders in exercise of power under Article 324”.
