NDLI: Brajesh Singh Vs. Sunil Arora & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Court:
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Contempt Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Contempt of Court: Contempt petition – Issue as regards publication of criminal antecedents of the contesting candidates – Contempt petition alleging violation of order dated 13.02.2020 passed in *Rambabu Singh Thakur’s case – Allegation that there has been wilful disobedience of Court’s order by various political parties during the Bihar Assembly Elections-2020, as regards publication and declaration of criminal antecedents by various political parties of their candidates – Prior thereto, directions have been issued by the Constitution Bench of this Court in Public Interest Foundation’s case to the effect that the contesting candidate and the political party were obligated to inform about the criminal antecedents of the candidates – In view of the disregard of the said directions, as a sequel to this judgment, order dated 13.02.2020 was passed in *Rambabu Singh Thakur’s case in connection with disclosure of information of candidates with criminal antecedents – Pursuant thereto, Election Commission of India-ECI issued letter to all political parties asking them to comply with the directions of the Supreme Court, and also issued a new Form C-7 and C-8 in which the political parties were to publish the reason for selection of candidates with criminal antecedents, and thereafter, report its compliance within 72 hours of selection of the candidate – Thereafter, another letter issued by ECI prescribing timelines for publication of information regarding criminal antecedents – However, the political parties flouting the said directions and fielding persons whose criminal antecedents show that they have been charge-sheeted or charged with serious offences – Held: Though the political parties-Janata Dal United, Rashtriya Janta Dal, Lok Janshakti Party, Indian National Congress, Bharatiya Janata Party, and Communist Party of India held guilty for committing contempt of the Order dated 13.02.2020, however since these were the firstelections conducted after issuance of the directions, a lenient view is taken and they are directed to deposit INR 1 Lakh each – As regards Communist Party of India (Marxist) and Nationalist Congress Party since they did not at all comply with the directions issued by this Court, they are directed to deposit INR 5 Lakh in the account created by the ECI – Furthermore, ECI not held guilty of committing contempt of Order dated 13.02.2020 since they brought to notice of this Court the flouting of the directions contained in the said order – Issuance of further directions to make the right of information of a voter more effective and meaningful-political parties to publish information regarding criminal antecedents of candidates on the homepage of their websites, ECI directed to create a dedicated mobile application, ECI directed to carry out an extensive awareness campaign and to create a fund for this purpose, ECI to create compliance monitor cell, political party to publish criminal antecedents of the candidate within 48 hours of the selection of the candidate, and in case of non-compliance, ECI to bring it to the notice of this Court – Representation of People Act, 1951 – ss. 8, 30, 33A, 33B – Election Symbols (Reservation and Allotment) Order, 1968 – Clause 16-A.Election laws: Constitution Bench decision Public Interest Foundation’s case pertaining to furnishing of complete information about the criminal antecedents of the candidates – Elucidated. Constitution of India: Criminalisation in the Indian political system – Menace of – Held: For purity of political system, persons with criminal antecedents and who are involved in criminalisation of political system not to be permitted to be the law-makers – Necessary amendments to be made so that the involvement of persons with criminal antecedents in polity is prohibited – In view of separation of powers, this Court cannot transgress into the area reserved for the legislature – In view thereof, appeal to the conscience of the law-makers to weed out the malignancy of criminalisation in politics.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2021 INSC 388
Petitioner	Brajesh Singh
Respondent	Sunil Arora & Ors.
SCR	[2021] 7 S.C.R. 890
Judgement Date	2021-08-10
Case Number	656

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