BRAJESH SINGH versus SUNIL ARORA & ORS.

Citation: [2021] 7 S.C.R. 890 · Decided: 10-08-2021 · Supreme Court of India · Bench: R.F. NARIMAN, BHUSHAN RAMKRISHNA GAVAI · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 7 S.C.R.
BRAJESH SINGH
v.
SUNIL ARORA & ORS.
(Contempt Petition (Civil) No. 656 of 2020)
AUGUST 10, 2021
[ROHINTON FALI NARIMAN AND B. R. GAVAI, JJ.]
Contempt of Court: Contempt petition – Issue as regards
publication of criminal antecedents of the contesting candidates –
Contempt petition alleging violation of  order dated 13.02.2020
passed in **Rambabu Singh Thakur’s case – Allegation that there
has been wilful disobedience of Court’s order by various political
parties during the Bihar Assembly Elections-2020, as regards
publication and declaration of criminal antecedents by various
political parties of their candidates – Prior thereto, directions have
been issued by the Constitution Bench of this Court in *Public
Interest Foundation’s case to the effect that the contesting candidate
and the political party were obligated to inform about the criminal
antecedents of the candidates – In view of the disregard of the said
directions, as a sequel to this judgment, order dated 13.02.2020
was passed in **Rambabu Singh Thakur’s case in connection with
disclosure of information of candidates with criminal antecedents
– Pursuant thereto, Election Commission of India-ECI issued letter
to all political parties asking them to comply with the directions of
the Supreme Court, and also issued a new Form C-7 and C-8 in
which the political parties were to publish the reason for selection
of candidates with criminal antecedents, and thereafter, report its
compliance within 72 hours of selection of the candidate –
Thereafter, another letter issued by ECI prescribing timelines for
publication of information regarding criminal antecedents –
However, the political parties flouting the said directions and fielding
persons whose criminal antecedents show that they have been
charge-sheeted or charged with serious offences – Held: Though
the political parties-Janata Dal United, Rashtriya Janta Dal, Lok
Janshakti Party, Indian National Congress, Bharatiya Janata Party,
and Communist Party of India held guilty for committing contempt
of the Order dated 13.02.2020, however since these were the first
[2021] 7 S.C.R. 890
890
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elections conducted after issuance of the directions, a lenient view
is taken and they are directed to deposit INR 1 Lakh each – As
regards Communist Party of India (Marxist) and Nationalist
Congress Party since they did not at all comply with the directions
issued by this Court, they are directed to deposit INR 5 Lakh in the
account created by the ECI – Furthermore, ECI not held guilty of
committing contempt of Order dated 13.02.2020 since they brought
to notice of this Court the flouting of the directions contained in the
said order – Issuance of further directions to make the right of
information of a voter more effective and meaningful-political
parties to publish information regarding criminal antecedents of
candidates on the homepage of their websites, ECI  directed to create
a dedicated mobile application, ECI directed to carry out an
extensive awareness campaign and to create a fund for this purpose,
ECI to create compliance monitor cell, political party to publish
criminal antecedents of the candidate within 48 hours of the selection
of the candidate, and in case of non-compliance, ECI to bring it to
the notice of this Court – Representation of People Act, 1951 – ss.
8, 30, 33A, 33B – Election Symbols (Reservation and Allotment)
Order, 1968 – Clause 16-A.
Representation of People Act, 1951: s. 30 – Appointment of
dates for nominations, etc – Explained.
Election laws: Constitution Bench decision *Public Interest
Foundation’s case pertaining to furnishing of complete information
about the criminal antecedents of the candidates – Elucidated.
Constitution of India: Criminalisation in the Indian political
system – Menace of – Held: For purity of political system, persons
with criminal antecedents and who are involved in criminalisation
of political system not to be permitted to be the law-makers –
Necessary amendments to be made so that the involvement of persons
with criminal antecedents in polity is prohibited – In view of
separation of powers, this Court cannot transgress into the area
reserved for the legislature – In view thereof, appeal to the
conscience of the law-makers to weed out the malignancy of
criminalisation in politics.
Disposing of the Contempt Petition (C) 656/2020 and M.A
(Diary No. 2680/2021), the Court
BRAJESH SINGH v. SUNIL ARORA & 

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