NEW DELHI: It has been a practice that cases filed against candidates for using unfair means in the poll process, including the use of black money, are withdrawn by state govt upon a change in the dispensation. But Supreme Court Monday said the approval of the HC concerned would be needed to drop such cases.Referring to SC judgement that cases concerning sitting MPs and MLAs should be withdrawn only with the leave of HC, a bench of Justices Sanjay Karol and N K Singh said it should be applied to candidates contesting elections as well.“Undoubtedly, this suggestion appears to be a great leap in favour of impartiality; in effect, this would place candidates for elections at the same pedestal as elected MPs and MLAs in relation to criminal prosecutions against them. To our mind, this indicates to candidates and also prospective candidates that indulging in unsavoury practices is not a matter of triviality. Once prosecution is initiated against them, change in political dispensation simpliciter will not let them off the hook. In other words, a constitutional democracy expects from its representatives the same degree of moral rectitude and uprightness,” it said.“The stand of EC is that cases should not be withdrawn as the norm. It is not a hidden truth, however, that changes in political dispensation often lead to such decisions being taken. Needless to say, such practice is entirely antithetical to the spirit of an unbiased criminal justice system, which is a hallmark of a constitutionally governed republic, specially one like India where the separation of powers is clearly recognised, and as far as possible, enforced,” it said.
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It passed a slew of directions, including one to activate I-T department to take action when Static Surveillance Teams during checks find money in excess of Rs 10 lakh. It held the investigation officer entrusted with the probe thereof shall make every possible endeavour to complete investigations thereinto within a year from date of registration.Expressing concern over the role of black money in electoral politics, SC said, “The three ideas of democracy, the rule of law, and the electoral processes are inextricably linked to one another. If one aspect of any of these three is compromised, it impacts the entirety of the three ideas and their execution…”
