People with tainted image should be restricted from participating in election, says Supreme Court judge

In his ruling, which was uploaded connected the SC website connected Thursday, Justice Mithak said, “…citizens of India merit a cleanable India, which means cleanable authorities arsenic good and for the said purpose, it is indispensable that radical with tainted image, particularly those who are successful custody and had not been granted bail and those who are undertrial, adjacent if retired of jail, beryllium restricted successful immoderate mode oregon the different from participating successful the election. The radical of India should beryllium fixed a prime to elite radical with cleanable representation and antecedents.”

Justice Mithal added, “…the reasons and factors where… interim bail whitethorn beryllium permitted whitethorn see cases wherever determination is decease successful the household of the accused and the cremation has to instrumentality place; to be the wedding of son/daughter oregon of immoderate adjacent comparative of the accused but specified a close has not been recognized connected the plea of contesting oregon canvassing for the election.”

The justice further said, “…in the lawsuit interim bail is made permissible connected the crushed of contesting elections, it volition unfastened a pandora’s box… successful this country, predetermination successful immoderate signifier takes spot passim the twelvemonth and the accused persons successful jailhouse whitethorn instrumentality undue payment of it… adjacent if they are not superior successful contesting elections, they would determination interim bail exertion to enactment successful the predetermination knowing afloat good they are apt to suffer oregon are not superior contenders.”

This volition unfastened a flood gross of litigation, Justice Mithal said.

Justice Amanullah, portion allowing the interim bail, said though the “allegations” against Hussain “are sedate and reprehensible, but arsenic of this infinitesimal they are precisely that – allegations”. He added, “…it is settled instrumentality that magnitude and gravity of the offence alleged are not grounds, successful and by themselves, to contradict bail.”

He clarified that his bid allowing interim alleviation “is not to beryllium treated arsenic a conclusive sentiment connected the merits of the underlying bail exertion oregon the main lawsuit earlier the proceedings court, lest it prejudice either side”.

Justice Amanullah said that Justice Mithal “has rightly opined that a pandora’s container cannot beryllium permitted to beryllium opened by letting a horde of convicts and/or undertrial prisoners question merchandise for the intent of trying their luck astatine the electoral hustings.”

He, however, added that “likewise,” the “apprehension” expressed by the additonal solicitor wide – who appeared for the Delhi Police – that “others, whether similarly-situated oregon not, whitethorn question to (mis)use this judgment, is not unjustified”.

He added that helium was allowing the alleviation with “the caveat that this judgement has been passed successful facts and circumstances circumstantial to this case”.