HC declines to entertain PIL seeking compliance of SC order on decriminalising politics

The Delhi High Court on Tuesday declined to entertain a PIL seeking directions to the Election Commission of India (EC) to comply with the Supreme Court's directions to de-criminalise politics.

A bench of Chief Justice Rajendra Menon and Justice V K Rao asked the petitioner, a BJP leader and lawyer, to move the apex court instead if he thought that elections were being held in violation of the Supreme Court's September 25 verdict. It declined to issue any interim direction to the EC.

The petitioner, Ashwini Kumar Upadhyay, contended before the court that the EC on October 5 issued a notification for election in five states without putting in place guidelines in accordance with the apex court judgement.

The Supreme Court in its judgement had asked the Parliament to make law to ensure that persons facing serious criminal cases do not enter the political arena.

It had recommended that Parliament bring out a "strong law" whereby it would be mandatory for the political parties to revoke membership of persons against whom charges were framed in heinous and grievous offences and not to set up such persons in elections for Parliament as also State Assemblies.

It had also directed that each contesting candidate will have to fill up a form provided by the EC and he or she will have to state "in bold letters" about the criminal cases pending against the candidate.

The top court further directed that candidate and the concerned political party will have to issue a declaration in widely circulated newspapers in the locality and in electronic media about his or her antecedents.

Declining to entertain the plea before it, the high court said that since elections have been notified, it was going to keep its hands out of it.

The bench also said that once the apex court has laid down the law with its judgement, there was no need for the high court to issue any directions on that.

"If elections are held contrary to apex court directions, challenge it in SC," the bench said and added "why should we do something that is not required to be done".

It said it will either dismiss the plea or Upadhyay can withdraw the petition with the liberty to move the apex court.

The bench, however, declined to issue any interim direction to EC.

Upadhyay had claimed that the executive has not taken appropriate steps to restrict the persons, against whom charges have been framed in serious offences, from contesting elections, as suggested by the Law Commission and EC.