Don't appoint chargesheeted persons as Ministers, SC tells PM, CMs

[email protected] (The Hindu)
August 27, 2014

MPs with criminal
New Delhi, Aug 27: In a landmark verdict the Supreme Court on Wednesday advised the Prime Minister or Chief Minister of a State not to induct charge sheeted persons facing trial for offences involving moral turpitude as Ministers though there was no limitation or restriction in the Constitution which debars any Member of Parliament or Legislative Assembly being included in the Cabinet.

A five-judge Constitution Bench headed by the Chief Justice of India R.M. Lodha said the Prime Minister as the trustee of the Constitution was expected to act in accordance with constitutional propriety and not appoint unwarranted persons as Ministers.

Justice Dipak Misra writing the judgment said “Article 75 of the Constitution does not contain any limitation as to who can or cannot be included in the Council of Ministers" and hence no new disqualification could be added to prevent charge sheeted persons from being appointed as Ministers.

The Bench said criminalization of politics destroyed people's faith in democracy and persons, howsoever, high he/she might be could not be exempted from equal treatment. It said constitutional morality, good governance and constitutional trust expected good sense from the Prime Minister and it should be left to his wisdom not to recommend any person with criminal charges from being appointed as a Minister.

The bench said that many things could not be said in the Constitution, but the Constitution could not however be expected to operate in a vacuum. The Prime Minister should act in the interest of national polity and avoid unwarranted persons facing criminal charges to restore people's faith in democracy.

The Bench asked “whether a person who has come in conflict with law would be in a position to conscientiously discharge his functions as Minister when his integrity is questioned and whether a person with doubtful integrity can be given the responsibility.” It pointed out that a person against whom charges were framed or was facing trial was not appointed in any civil service. While so whether a person who was facing the same disqualification could be appointed as a Minister by the Prime Minister or the Chief Minister of a State, the Bench said.

The Bench was disposing of a public interest litigation petition filed in 2005 by Manoj Narula seeking removal of the then four chargesheeted Ministers — Lalu Prasad, Mohammed Taslimuddin, M.A.A. Fatmi and Jai Prakash Yadav from the Cabinet.

The Centre took the stand that Article 75 did not say that any person who had criminal proceedings pending against him had to be read as disqualification of being appointed as a minister. It would be incorrect to read into the provisions of Article 75 such a disqualification when none existed.

The constitution bench while expressing concern over criminalisation of politics left it to the wisdom of the Prime Minister or the Chief Minister of a State to take a call on this aspect and not appoint such charge sheeted persons as a Minister.

Criminal cases and educational qualifications of Ministers in the current Cabinet:

Criminal cases6

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News Network
December 15,2025

Mangaluru police have arrested a 27-year-old NRI on his return from Saudi Arabia in connection with an Instagram post allegedly containing derogatory and provocative remarks about the Hindu religion, officials said on Monday.

The accused, Abdul Khader Nehad, a resident of Ulaibettu in Mangaluru, was working in Saudi Arabia when the post was uploaded, police said.

A suo motu case was registered at the Bajpe police station on October 11 after an allegedly offensive post circulated from the Instagram account ‘team_sdpi_2025’. Police said the content was flagged for being provocative and derogatory in nature.

During the investigation, technical analysis traced the Instagram post to Nehad, who was residing abroad at the time, a senior police officer said. Based on these findings, a Look Out Circular (LOC) was issued against him.

On December 14, Nehad arrived from Saudi Arabia at Calicut International Airport in Kerala, where he was taken into custody on arrival. Police said further investigation is underway.

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News Network
December 15,2025

Udupi, Dec 15: What was meant to be a post-pilgrimage gathering turned tragic in Padukere village of Brahmavar taluk, Udupi district, late Sunday night, when a clash among youths escalated into a fatal assault, leaving one man dead.

The victim has been identified as 30-year-old Santosh Mogaveera, a resident of Padukere.

According to preliminary information, the incident took place during a late-night drinking party involving a group of local youths who had recently returned after completing their pilgrimage to the Sabarimala shrine. An argument reportedly broke out among the group and soon escalated into a violent confrontation.

During the ensuing brawl, Santosh Mogaveera was allegedly assaulted and collapsed at the spot after sustaining serious injuries. He was rushed by local residents to a private hospital in Brahmavar, where doctors declared him dead.

On receiving information, senior police officials, including Brahmavar Circle Inspector Gopikrishna, Kota Police Sub-Inspector Praveen Kumar T, Station ASI Manthesh Jabagoudar, and head constables Pradeep and Ashok, visited the spot and conducted an inspection.

Police have taken four youths into custody in connection with the incident. A case has been registered at the Kota police station, and further investigation is underway to ascertain the exact sequence of events leading to the death.

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News Network
December 2,2025

Mangaluru, Dec 2: Mangaluru International Airport responded to a medical emergency late on Monday night. Air India Express flight IX 522, travelling from Riyadh to Thiruvananthapuram, was diverted to Mangaluru Airport after a passenger in his late 30s experienced a medical emergency on board.

The Airport’s Operations Control Centre received an alert regarding the passenger’s health condition. The airport activated its emergency response protocol, mobilising the airport medical team and coordinating with stakeholders including CISF, immigration, and customs. 

Upon landing, airport medical personnel attended to the passenger, assessed his condition, and arranged to shift him to a local tertiary-care hospital for further treatment. The passenger’s relatives accompanied the passenger, who incidentally received necessary medical care on board, which helped stabilise the situation.

Following the handling of the emergency, the flight departed for Thiruvananthapuram at 2:05 am on Tuesday.

"We appreciate the cooperation of all parties involved, and this incident reaffirms our ongoing commitment to prioritising passenger safety and readiness to respond to unforeseen emergencies with professionalism and care," the Airport spokesperson said. 

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