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 16,2025

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Melkar (Bantwal): The 9th Annual Day celebration of SMR Public School, titled “EXCELLENTIA”, was held on December 15 with great enthusiasm and dignity, marking a significant milestone in the institution’s journey towards academic excellence and holistic development.

The programme was inaugurated by Dr. U. T. Iftikar Ali. The chief guests were Dr. Akhtar Hussain, Mr. P. Moosabba Beary, Mr. Zakaria Jokattre, and Dr. T. M. Abdul Rahuf—whose inspiring addresses motivated the students and appreciated the school’s contributions to education.

Mr. Abdul Nasir, Mr. Ibrahim Gadiyar, Mr. Razak Golthamajal, Mr. Sali Koya, Mr. Arshad Hussain, Mr. Ismail Balanoor, Mr. Feroz Bawa, Mr. Sahul Hameed, Mr. Abubakkar, Mr. Hameed K. Mani, Mr. Abdul Majeed (Principal, Melkar Women’s College), and Mr. Abdul Lathief (Former Principal, Melkar Women’s College) were the guests of honour.

The Annual Report was presented by the Headmistress, Ms. Fathimathul Zaheera, highlighting the school’s achievements and progress during the academic year. The Presidential Address was delivered by the Chairman of SMR Public School, Dr. Haji S. M. Rasheed, who emphasised the vital role of education in shaping students’ futures and stressed the importance of discipline, dedication, and consistent effort in achieving 100 per cent academic results.

Secretary of SMR Public School, Mr. Rifath Ahmed, and PTA President, Mr. Sandeep Kumar, were also present on the occasion.

The Annual Day celebration showcased the collective efforts of students and teachers and reaffirmed the school’s commitment to quality education and all-round development. The programme concluded with a vote of thanks, expressing gratitude to all dignitaries, parents, and well-wishers for their support. The 9th Annual Day—EXCELLENTIA—was a memorable and successful event, leaving a lasting impression on everyone present. 

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News Network
December 16,2025

Mangaluru, Dec 16: The Mangaluru City police have significantly escalated their campaign against drug trafficking, arresting 25 individuals and booking 12 cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act between November 30 and December 13. The crackdown resulted in the seizure of a substantial quantity of illicit substances, including 685.6 grams of MDMA and 1.5 kg of ganja.

The success of this recent drive has been significantly boosted by the city’s innovative, QR code-based anonymous reporting system.

"The anonymous reporting system has received an encouraging response. Several recent arrests were made based on inputs received through this system, helping police tighten the noose around drug peddlers," said the City Police Commissioner.

The latest arrests contribute to a robust year-to-date record, underscoring the police's relentless commitment to combating the drug menace.

Up to December 14 this year, the police have registered a total of 107 cases of drug peddling, leading to the arrest of 219 peddlers. Furthermore, they have booked 562 cases of drug consumption, resulting in the arrest of 671 individuals.

The scale of the seizure for the year reflects the magnitude of the problem being tackled: police have seized 320.6 kg of ganja worth ₹88.7 lakh and 1.4 kg of MDMA valued at ₹1.2 crore. Other significant seizures include hydro-weed ganja worth ₹94.7 lakh and cocaine worth ₹1.9 lakh, among others.

The Commissioner emphasized a policy of rigorous enforcement: "We ensure that peddlers are caught red-handed so that they cannot later dispute the case or claim innocence."

To counter the rising trend of substance abuse among youth, the Mangaluru City police have rolled out uniform guidelines for random drug testing across educational institutions.

As part of the drive, tests were conducted in approximately 100 institutions, screening an estimated 5,500 to 6,000 students in the first phase. 20 students tested positive for drug consumption during the initial screening.

Students who tested positive have been provided counselling and are scheduled for re-testing in the second quarter. The testing will also be expanded to students not covered in the first phase. In a move to ensure strict implementation, police personnel were deployed in mufti in some institutions. Reiterating a zero-tolerance stance, the Commissioner confirmed that random testing will continue, and colleges have also been instructed to conduct drug tests at the time of admission to deter substance abuse from an early stage.

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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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