mps with criminal records; colonel ashok kumar singh
TRANSCRIPT
Indian Veterans for Democracy (IVD) (A Political Front of Retired Military Soldiers)
We have served democratic India with our blood, now we will live for democracy
Veterans have a political stake in the democracy and will exert and exercise it
[email protected] or http://www.facebook.com/?ref=tn_tnmn#!/groups/veteransfordemocracy/
27 Feb 2012
MEMBERS OF PARLIAMENT WITH CRIMINALS AND CORRUPTION CHARGES AND THE
QUESTION OF MORALITY
Lots of hue and cry in the political circle could be seen over the alleged statement of criminals in the
parliament. As per the principle of natural justice and our legal procedure, an accused is not
considered a convict unless proved so by law in the due course of justice. The law does not take
cognizance of ‘ground of morality’ to prevent citizens to contest elections or hold such elected
offices. The choice to contest or hold a public office, such as Member of Parliament or minister and
likewise, have been left to such accused citizens to decide unless he or she is convicted and
prevented to hold such office by law. Such arrangements of laws have in fact allowed 163 citizens
accused of crimes and corruption to be Member of Parliament as stated in the public meeting
triggering ripples in political circles. Strong arguments are being put worth by such accused or their
supporters to validate and hold their position as MP, citing above said legal provisions which are
based on the legal principle of “Innocent till found guilty”.
Legally the case in point is strong in favour of subject accused but considering the challenges being
faced by developing India and seen in backdrop of morality and fair governance the said arguments
are not only hollow but also pose a serious danger of the entire governing machinery being taken
over ( or already taken over) by suspect criminals and corrupts specially so when the trials in our
courts are taking decades to complete. The problems of judiciary in form denial of justice due to
prolonged and never ending cycle of appeals and hearings is well founded. In such situation can a
developing India really afford to take a risk of allowing such accused or suspects to hold important
public offices taking over the entire political decision making and governance?
Quality and efficiency of governance by the state under a law or authority as created under a
democratic system on the mandate given by people in a country like India carries more significance if
seen in the backdrop of rising frustration led insurgency, glaring socio-economic disparities, divide
and backwardness, fatigued administration and collapsed justice system. In such prevailing situation
the state cannot leave any room for the argument of legal cases being under trial by such accused
for creating a ground or using it same to either contest or hold such offices in the larger interest of
fairly governing the nation. Unusual and challenging situations require strong and aggressive
responses to get over these. The present crisis in governance is real which has created a situation
not only it being kept under hostage but generating wide spread discontentment and frustration
leading to insurgency in most of the country.
Indian Veterans for Democracy (IVD) (A Political Front of Retired Military Soldiers)
We have served democratic India with our blood, now we will live for democracy
Veterans have a political stake in the democracy and will exert and exercise it
[email protected] or http://www.facebook.com/?ref=tn_tnmn#!/groups/veteransfordemocracy/
Citizens holding such offices shall not only be clean, honest and committed but are required to be
seen and perceived so by the masses. In any case such provisions do exist where in people having
committed suspected crimes are either suspended or terminated from the govt job under various
administrative actions. In armed forces an officer can be tried by court martial for an offence of un -
officer like behaviour under unbecoming conduct. No judge can assume the offices if he or she has
such kinds of criminal records or cases are pending in courts. No citizen is allowed to be selected for
a govt job as officer or otherwise if he or she has such criminal records or under trial. Then having
two separate standards one for the political class and other for the govt employee is itself
questionable?
The ground of morality for preventing such people to contest any elections is well founded. India has
had a history of political leaders setting an example of best possible conduct for masses to follow.
Lord Ram left his position as king as his conduct was suspect in the eye of a very poor person. The
character of people those who lead the nation in political, social, administrative and economic
spheres have to be above any suspicion.
However these leaders facing the risk of false or fabricated charges with malicious or motivated
intentions can also not be ruled out. But in such cases the law shall be suitably modified to have
speedy trial of such cases by specially set courts directly under Supreme Courts in case of Member of
Parliament and High Courts in case of MLAs giving them a set time line with just one right of appeal.
Accordingly all cases of a person desirous of joining political service or contesting the forthcoming
elections shall be tried by such courts and disposed of before such elections if possible. And in case
of any delay in disposal of such cases, the suspect person shall not be allowed to contest any
election in the larger interest of democracy and nation on grounds of morality and also to gap the
risk of suspected criminals over taking political power. The govt therefore shall bring such bill to set
up special courts for the speedy trial of such suspected criminals to prevent them from over taking
political power of the country risking her very existence. The nation in the prevailing situation in any
case cannot afford to have suspected criminals to be ministers, CMs, and MPs or hold any other
public office to be held on oath or allegiance.
Colonel Ashok K Singh; Veteran
Convener; Veterans For Democracy
Mob; 9711390413