Thursday, June 8, 2023

Publication of criminal antecedents: Supreme Court seeks response of ECI review petition by BJP against contempt proceedings

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A notice has been issued by the Supreme Court to the Election Commission of India on January 27,with respect to a review petition that was filed by Bharatiya Janata Party (BJP) General Secretary BL Santosh against the August 2021 order which inflicted a fine of Rupees 1 lakh on BJP for not following the directions to publish the criminal antecedents of candidates.

The bench said that the Election Commission of India (ECI) was as an additional respondent in the review petition and issued notice to it.
The bench has asked the Advocate K Vishwanathan, who was the amicus curiae in the main matter, for assisting the Court in the review petition also.

The bench had agreed to hear the review petition filed by BJP in the open court on November 30,2021.

Not only BJP, but seven other parties were also punished for contempt.

As a mark of fine..Communist Party of India( Marxist), Nationalist Congress Party were fined for five lakhs whereas Indian National Congress, Janta Dal, Rashtriya Janata Dal(United), Communist Party of India and Lok Janshakti Party were directed to pay fine of Rupees One Lakh each.

The order,was originally passed by a bench of Justice RF Nariman (since retired) and Justice BR Gavai, who gave directions such as publication of criminal antecedents within 48 hours of the selection of candidates, publication of such information in newspapers and official websites of the parties.

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