Can Criminals be stopped from entering Politics?

The Bench of Justice Dinesh Kumar Singh, made an observation while deciding a bail application in the Case of Atul Kumar Singh alias Atul Rai s/o Shri Bharat Singh v State of U.P. Thru. Prin. Secy. Home (2022)  that it is the duty of the Parliament to show a collective will to restrain the criminals from entering into politics so as to prevent them from affecting the legislature so as to save the democracy and the country governed by rule of law.

The observation was made while the court was deciding the bail application filed by a sitting Member of Parliament from the Bahujan Samaj Party, Atul Rai in a case related to abetment to suicide. It also came to the notice of the Court that the MP is facing 23 criminal cases including murder, rape and such other heinous offences.

Facts of the Case-  

1. A case was registered against Atul Rai under Sections 376, 420, 406, 506 of IPC by  the victim, who later attempted to self immolate along with her friend outside the precincts of the  Supreme Court in August 2021.
2. Later, they were admitted in very serious conditions to the Ram Manohar Lohia Hospital of Delhi. However they died on 21.08.2021 and 24.08.2021 respectively. Afterwards, an instant case was registered against Rai under Sections 120B, 167, 195A, 218, 306, 504 and 506 of IPC.
3. Rai, moved the High Court to seek bail, however the High Court denied him bail while observing that Rai is a Bahubali, i.e. a criminal turned politician which is evident from his long history of heinous offences. 
4. It was also noted by the esteemed Court that the accused after a chargesheet was filed on him as a result of the investigation done by the police on the victim’s FIR, he terrorised the victim putting undue pressure on her by getting several cases registered against her and her friend/witness. 
5. The Court also took into account the application filed by the victim to the Superintendent of Police, Varanasi stating that the accused was harassing her mentally and physically and she was subjected to cruelty  to change her stand before the court, as a result she was drawing close to commit suicide.

Court’s Observation regarding the entry of criminals into politics- 

1. The court observed that it is very unfortunate for the world’s largest democracy that a total of 43% of all the members of Lok Sabha who got elected in the year 2019 were having pending criminal cases against them and most of them being related to heinous crimes.
2. The Court observed that in many instances it was seen that a person charged with serious and heinous offences like murder, rape, kidnapping, etc. got a ticket from a political party to contest elections and even got elected to the House.
3. The Court referred to the  observations of the Hon’ble SUpreme Court in the case of Public Interest Foundation & Ors v UOI & Anr. (2019), 
4. That it is a very embarrassing situation for the Indian Democracy where the law breakers become the law makers and move under the protection of the police.
5. The Court directed the Election Commission of India to take measures to ensure that such incidents are curbed, but the collective will of the Parliament has not moved in this direction.
6. The Court in the said case observed that if the politicians are law breakers, the citizens can’t expect to have a transparent and accountable government.
7. The Court also mentioned that earlier, these ‘Bahubalis’ used to support the election candidates on the basis of caste, religion, or for political shelter. However, now, they themselves are contesting for elections and the parties issuing tickets to them do not have any inhibition regarding their criminal track record.
8. Also the Court stressed upon the duty of the civil society to select their representatives disregarding their caste, religion or any other such ground and to ensure that candidates of such criminal background are not selected.
9. Lastly, the Court opined that it is the duty of the Parliament and the Election Commission of India to take necessary measures so that these politicians with criminal records are kept away from the legislature and this unholy alliance between politics and criminals is ended.

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