Tuesday, September 27, 2016

[IAC#RG] Fwd: Press Report on your PIL against Convicted Netas

Dear Col. Sahib,

Kindly accept our compliments for your efforts to curb corruption. .In this connection, we wish to draw your kind attention to the following -

A PIL was filed  in association with Public Interest Foundation, Common Cause, Gandhian Seva & Satyagraha Brigade and Transparency International India. as per the following Press Release issued in 2012 by - Director, Public Interest Foundation, B-32, Greater Kailash - I, New Delhi - 110 048  Tel: 011- 46517869  Fax: 011 - 41633596    www.publicinterestfoundation.com 


PIL on the eradication of the criminalization of politics before Hon'ble Supreme Court

A public interest litigation under Article 32 of the Constitution of India to take the electoral reforms to the next higher level as visualized by Hon'ble Supreme Court in Union of India vs. Association for Democratic Reforms has been filed by four NGOs, viz. Public Interest Foundation, Common Cause, Transparency International India and Gandhian Seva & Satyagraha Brigade.  The petitioners have represented that the fundamental rights of millions of voters have been compromised on account of criminalization of politics as voters' right to choose in a free and fair manner is adversely influenced by the mighty and moneyed criminal elements of society.  The prayer of the petitioners is for appropriate guidelines to ensure that those charged with serious criminal offence are disqualified to enter the political arena and also to lay down a time frame during which trial of such persons is concluded. The petitioners hope that these measures would serve as an effective deterrent for criminals to enter politics.  The petitioners have further prayed that the directions passed by the Hon'ble Court in Dinesh Trivedi, MP and ors. Vs. Union of India be implemented so as to negate the growing nexus between criminals, politicians and bureaucrats.   The petition has also challenged the constitutional validity of section 8(4) of the Representation of People Act, 1951, which provides that in the case of a sitting legislator, the mere filing of an appeal would operate as a stay of the disqualification.

            Public Interest Foundation, in association with like-minded organizations, had launched a forum for supporting the campaign "No Criminalisation in Politics" in the run up to the 2009 General Elections.  A nation-wide effort was launched to discourage political parties from giving tickets to candidates with criminal antecedents.  Citizens were also encouraged not to vote of candidates with a criminal background.

            The Supreme Court bench heard the PIL today i.e. January 5, 2012 and has directed for issuance of notice to Union of India and the Election Commission. We seek your support in our campaign to curb the role of criminals in politics.

Further,  Gandhian Seva & Satyagraha Brigade 's Chairman Justice Kamleshwar Nath has sent a letter to our respected Prime Minister on October 13, 2015 for the urgent actions in respect of the following matters - 

(i)      Lokpal and Lokayuktas and other related Law (Amendment) Bill, 2014 which was introduced in Lok Sabha on December 18, 2014 by the Minister for Personnel, Public Grievances and Pensions;

(ii)    Citizen's Charter and Grievance Redressal Bill 2011;

(iii)   De-criminalisation of politics as per repeated recommendations of our Election Commission and the Law Commission (a PIL filed by an NGO, viz., Public Interest Foundation (run by Shri Nripendra Misra, presently PMO's Principal Secy.) is also pending in the Supreme Court.

(iv)   Removal of the reservation on caste basis. It was initially introduced for 10 years in 1950; and

(v)    Forfeiture of illegally acquired assets of public servants (including Ministers, MPs and MLAs) as has been enacted by a number of states in our country.

These issues are considered necessary as urgent surgeries for the smooth functioning of our national institutions, good governance and elimination of criminality from politics; otherwise there will be many hindrances and wastage of most precious time as happened in the recent session of our Parliament.  The proposed steps are necessary for the well being of our society.

We are sure that your action on these issues would be recorded as a unique historical example.

With all the best wishes for your efforts.
S K Agarwal

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