Law panel: Cop report under Sec 173 CrPC not right way

The Law Commission said the filing of a police report under Section 173 CrPC (chargesheet) is not an appropriate stage to introduce electoral disqualification owing to the lack of sufficient application of judicial mind at this stage. The stage of framing charges was based on adequate levels of judicial scrutiny, and disqualification at this stage, if accompanied by substantial attendant legal safeguards to prevent misuse, has significant potential in curbing the spread of criminalisation of politics, it added.

Way back in 1997, the then CEC had written to the then PM recommending that once charges were framed, disqualification was attracted as at that stage there was application of judicial mind to the charges. It said those against whom charges were framed and those against whom any commission of inquiry had given a finding of guilt should be barred from contesting elections; that these cases should be decided by the trial courts in six months; and to prevent misuse only those cases pending six months prior to the declaration of elections would be considered for such disqualification. The Centre had said that it was considering the EC’s recommendations and its anxiety was that such a clause could be misused. It said Parliament in its wisdom would consider the parliamentary standing committee’s report, that rejected the recommendations of the EC and the Law Commission to bar those against whom charges were framed from contesting elections. A bench had then referred the matter to three judges, and the issue had gone before a larger bench for adjudication.