Lawyer and activist Prashant Bhushan Wednesday claimed the Narendra Modi government was trying to use the discovery of cash “unaccounted for” cash in a judge’s residence to control the appointment of judges.
“They are trying to use this to seize control of the appointment of judges from the collegium. The collegium system is problematic, still independent judges are being selected. The government has been stalling the recommendations of the collegium selecting independent and competent judges,” Bhushan said during a webinar on “Lawmakers being the lawbreakers: a paradox in Indian democracy” organised by the Association for Democratic Reforms (ADR).
Bhushan said without reforms in the criminal justice and police system, electoral reforms alone won’t help in getting rid of criminal elements from Indian politics.
“There has been a demand to separate the investigative part from maintaining law and order. But that has not been done. A proposal to have a selection committee for the selection of the DGP is also pending,” he said.
Bhushan said that an affidavit demanding a fast-tracked trial of “influential persons” monitored by the high courts has been pending before the Supreme Court for two decades.
Major-General Anil Verma, the head of ADR, said a recent analysis of MLAs across the country revealed, 45 per cent had criminal cases against them, while 29 per cent faced serious criminal cases.
“From 2004 to 2004 MPs with declared criminal cases rose from 11 per cent to 31 per cent,” said Verma.
Gaurav Gogoi, the deputy leader of the Congress in the Lok Sabha narrated an incident from a North Indian state, where the Congress had decided not to give the ticket to a potential winning candidate who was accused of assaulting a government official.
“We lost the seat,” Gogoi said. “Voters do not keep in mind the criminal antecedents of a candidate when they go to vote.”
Gogoi said he would like to have an all-party discussion on the floor of the Parliament on the issue.
“Let the people see what ideas the political parties come up with on this issue,” he said.
The former chief election commissioner S.Y. Quraishi said the Supreme Court had expressed its unhappiness over the tawdry rate of trial in special courts set up in 12 states for cases involving politicians with cases registered against them.
“It is a proven fact that people with criminal antecedents and money have a better chance of winning elections. For a political party, winning elections is what matters,” Quraishi said.