Voters have right to know criminal antecedents of candidates: Supreme Court

Agencies
August 28, 2018

New Delhi, Aug 28: The Supreme Court today said the voters have a right to know the antecedents of candidates and the Election Commission could be asked to direct political parties to ensure that persons, facing criminal charges, do not contest on their tickets using their poll symbols.

After making these observations, a five-judge constitution bench headed by Chief Justice Dipak Misra reserved the judgement on a clutch of petitions after the parties including the poll panel and the Centre concluded their arguments.

The top court is dealing with the question whether a legislator facing criminal trial can be disqualified at the stage of framing of charges in a case. Presently, lawmakers are barred at the time of conviction. 

The bench's observation on the voters' right to know the candidates came in the backdrop of strong opposition from the Centre that the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls.

"The intention of the Lordships is laudable. But the question is whether the court can do it. The answer is 'no'," Attorney General K K Venugopal, representing the Centre, told the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

He was responding to a suggestion by the bench that persons, facing criminal charges, would be free to contest, but they cannot do so on party ticket using the party election symbol.

"The voters have the right to know the candidates. Actually, a party can allow a person to contest on its ticket. But a person cannot contest on its ticket if he discloses the criminal antecedent," the bench said, adding that this direction may be given by the Election Commission to the political parties.

"They (people facing criminal charges) can contest elections, but they will not contest on the party ticket because he has this kind of stigma," the bench said.

Referring to the concept of presumption of innocence until a person is proven guilty, Venugopal said depriving a person from contesting elections on a party ticket would amount to denial of the right to vote, which also included the right to contest.

He referred to various judgements and said the expression of criminal antecedent was "extremely vague". Moreover, "presumption of innocence is central to our criminal jurisprudence. A person is innocent until proven guilty." 

The courts will have to presume innocence in view of the fact that in 70 per cent cases, accused are being acquitted, he said, adding that the high rate of acquittals could be due to deficiencies in the judicial system.

Parliament has made a distinction between an accused and a convict and there has been a provision for disqualification in the Representation of Peoples Act upon conviction of a lawmaker, he said.

The bench took note of Venugopal's submissions and asked his son and senior advocate Krishnan Vengopal, who is representing a PIL petitioner, to address on the objections raised by the government.

"The arguments (of the Centre), if I understood correctly, is two folds. Going back from the conviction stage to charge framing stage (for disqualifying a lawmaker) is against the concept of presumption of innocence," Justice Nariman said.

The judge also posed whether the court would not be "creating another" kind of disqualification by denying a person facing criminal charges to contest on a party ticket and symbol.

"Can we add or attach more conditions," the bench asked, adding whether the court, expressing concern over rising population, can ask the poll panel to ensure that candidates, having more than two children, do not contest panchayat polls.

Senior advocate Meenakshi Arora, appearing for the poll panel, took a view which was apparently opposite to the Centre and said the recommendations for decriminalising politics were made by the Election Commission and the Law Commission way back in 1997 and 1998, but no action was taken on them.

She exhorted the court to issue the direction in the matter besides asking Parliament to make the suitable law.

"We cannot comment on Parliament," the bench said, while reserving the order. 

The bench was hearing the PILs filed by NGO 'Public Interest Foundation' and Upadhyay.

Senior advocate Krishnan Venugopal, appearing for BJP leader Ashwini Upadhyay, said the court may ask the poll panel to ask political parties not to allow tainted candidates to contest on their tickets and symbols. "Can the court allow a person, against whom charges have been framed, to become a judge. The answer is 'no'".

The principle that "Caesar's wife must be above suspicion" should be made applicable in case of politicians also, he said.

The bench responded by saying that due to this, it was contemplating that political parties be asked to disclose the antecedents of their members so that the electors "have the right to informed choice".

"We will see as to what we can do on disclosure," the bench said, adding that the parties may be asked to put the information about their members well in advance before the elections.

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News Network
May 19,2024

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Naturals Ice Cream founder Raghunandan Kamath passed away following a brief illness. Born to a mango vendor in a village in Mangaluru, Kamath went on to establish Naturals, an ice cream parlour estimated to be worth Rs 400 crore today. 

"Our thoughts on the sad demise of our patron and founder of Naturals Ice Cream, Late Raghunandan Kamath. Indeed a very sad and unfortunate day for us," the company said.

Mr Kamath grew up helping his father in selling mangoes in a village Karnataka's Mangaluru. This was when he learned the art of picking the ripe fruit, plucking it, sorting it, and preserving it.

As the legend goes, a young 14-year-old Kamath boarded a train from Mangaluru and came to Mumbai (then Bombay). 

After working at his brother’s restaurant, Kamath had an idea — if ice creams have fruit flavours, why can’t they have real fruits. He decided to fill this void in the market. But unsure of whether customers would come, he began his business with serving pav-bhaji as the main dish and the ice cream as an add on.

His first ice cream parlour was launched in 1984 in Juhu, with the initial menu featuring around 12 flavours, each being a testament to the knowledge he acquired during the time he assisted his father in Mangaluru.

The demand kept growing and he opened five more outlets in 1994. Currently, it has over 165 outlets across 15 cities.
 
His story was captured expansively in ‘Intelligent Fanatics of India’, a book co-authored by Mumbai-based journalist Pooja Bhula.

Inspired by his mother's techniques, Kamath also developed innovative machines to streamline production and ensure consistency, notes the company website.

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News Network
May 19,2024

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A helicopter carrying Iranian President Ebrahim Raisi suffered a “hard landing” on May 19, Iranian state media reported, without immediately elaborating.

Mr. Raisi was traveling in Iran’s East Azerbaijan province. State TV said the incident happened near Jolfa, a city on the border with the nation of Azerbaijan, some 600 kilometers (375 miles) northwest of the Iranian capital, Tehran.

Traveling with Raisi were Iran’s Foreign Minister Hossein Amirabdollahian, the governor of Iran’s East Azerbaijan province and other officials, the state-run IRNA news agency reported. One local government official used the word “crash” to describe the incident, but he acknowledged to an Iranian newspaper that he had yet to reach the site himself.

Neither IRNA nor state TV offered any information on Mr. Raisi’s condition.

Rescuers were attempting to reach the site, state TV said, but had been hampered by poor weather conditions. There had been heavy rain and fog reported with some wind. IRNA called the area a “forest.”

Mr. Raisi had been in Azerbaijan early Sunday to inaugurate a dam with Azerbaijan’s President Ilham Aliyev. The dam is the third one that the two nations built on the Aras River. The visit came despite chilly relations between the two nations, including over a gun attack on Azerbaijan’s Embassy in Tehran in 2023, and Azerbaijan’s diplomatic relations with Israel, which Iran’s Shiite theocracy views as its main enemy in the region.

Iran flies a variety of helicopters in the country, but international sanctions make it difficult to obtain parts for them. Its military air fleet also largely dates back to before the 1979 Islamic Revolution.

Mr. Raisi, 63, is a revolutionary who formerly led the country’s judiciary. He is viewed as a protégé of Iran’s Supreme Leader Ayatollah Ali Khamenei and some analysts have suggested he could replace the 85-year-old leader after his death or resignation from the role.

Mr. Raisi won Iran’s 2021 presidential election, a vote that saw the lowest turnout in the Islamic Republic’s history. Raisi is sanctioned by the U.S. in part over his involvement in the mass execution of thousands of political prisoners in 1988 at the end of the bloody Iran-Iraq war.

Under Mr. Raisi, Iran now enriches uranium at nearly weapons-grade levels and hampers international inspections. Iran has armed Russia in its war on Ukraine, as well as launched a massive drone-and-missile attack on Israel amid its war against Hamas in the Gaza Strip. It also has continued arming proxy groups in the Mideast, like Yemen’s Houthi rebels and Lebanon’s Hezbollah.

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News Network
May 7,2024

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Israeli military aircraft have heavily bombed the city of Rafah in the southern Gaza Strip accompanied with ground advances shortly after the Palestinian resistance movement Hamas said it had agreed to a proposal on ceasefire in Gaza.

A Palestinian journalist reported flares in the night sky, while locals said dozens of reconnaissance drones flew overhead.

The official Palestinian news agency Wafa and Egyptian media said Israeli military vehicles advanced towards the Palestinian side of the Rafah crossing with Egypt, as well as the Karem Shalom crossing with the Israeli-occupied territories.

A Palestinian security official and an Egyptian authority have told the Associated Press news agency that Israeli tanks have entered Rafah, reaching as close as 200 meters from Rafah’s border crossing with neighboring Egypt.

The Israeli military has said it was conducting “targeted strikes” against Hamas in eastern Rafah.

Israeli prime minister Benjamin Netanyahu's office has also said "Israel is continuing the operation in Rafah to exert military pressure on Hamas" in order to advance the release of captives and what it called "the other objectives of the war."

In the meantime, it described the proposal on ceasefire as "far from Israel's essential demands," but added that it would send negotiators for talks "to exhaust the potential for arriving at an agreement."

The military strikes on Rafah came ahead of talks in Egypt on Tuesday aimed at sealing a truce proposal accepted by Hamas, which was put forward by Qatari and Egyptian mediators. 

According to a copy of the proposal, there will be three phases to ending Israel’s onslaught against Gaza.

The first phase calls for a complete withdrawal of Israeli troops from the Netzarim corridor and the return of displaced Palestinians to their homes. The second phase involves an announcement of a permanent cessation of military operations. In the last phase, there would be a complete end to the blockade of the Gaza Strip. 

In return, Israel would be required to release an unspecified number of Palestinian prisoners, withdraw its troops from certain regions of the Gaza Strip, and allow Palestinians to travel from the south of the coastal sliver to the north.

About 1.5 million Palestinians are sheltering in Rafah, once designated a “safe zone” by the Israeli military. Palestinians are now struggling to evacuate the city, after the Israeli military dropped leaflets ordering them to leave as a large-scale assault on the city is planned.

UN Secretary General Antonio Guterres has said that a ground invasion of Rafah would be “intolerable” and called on Israel and Hamas “to go an extra mile” to reach a truce deal.

“This is an opportunity that cannot be missed, and a ground invasion in Rafah would be intolerable because of its devastating humanitarian consequences, and because of its destabilizing impact in the region,” Guterres told reporters on Monday ahead of a meeting with Italian President Sergio Mattarella in New York.

Jordanian Foreign Minister Ayman Safadi has also warned that Israel is “jeopardizing the deal by bombing Rafah.”

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