Election: non-disclosure of full particulars of criminal cases pending against a candidate, at the time of filing of nomination

Rule of Law in a Democratic Society:

In a respectable and elevated constitutional democracy purity of election, probity in governance, sanctity of individual dignity, sacrosanctity of rule of law, certainty and sustenance of independence of judiciary, efficiency and acceptability of bureaucracy, credibility of institutions, integrity and respectability of those who run the institutions and prevalence of mutual deference among all the wings of the State are absolutely significant, in a way, imperative. They are not only to be treated as essential concepts and remembered as glorious precepts but also to be practised so that in the conduct of every individual they are concretely and fruitfully manifested. The crucial recognised ideal which is required to be realised is eradication of criminalisation of politics and corruption in public life. When criminality enters into the grass-root level as well as at the higher levels there is a feeling that ‘monstrosity’ is likely to wither away the multitude and eventually usher in a dreadful fear that would rule supreme creating an incurable chasm in the spine of the whole citizenry. In such a situation the generation of today, in its effervescent ambition and volcanic fury, smothers the hopes, aspirations and values of tomorrow’s generation and contaminate them with the idea to pave the path of the past, possibly thinking, that is the noble tradition and corruption can be a way of life and one can get away with it by a well decorated exterior. But, an intervening and pregnant one, there is a great protector, and an unforgiving one, on certain occasions and some situations, to interdict – “The law’, the mightiest sovereign in a civilised society.

Non-disclosure of full particulars of criminal cases pending against a candidate:

Continue reading “Election: non-disclosure of full particulars of criminal cases pending against a candidate, at the time of filing of nomination”

Summon to Investigator to produce all material collected during investigation.

Summons to produce document or other thing:

Criminal trial:

It is settled law that at the stage of framing of charge, the accused cannot ordinarily invoke Section 91 (of Cr.P.C.). However, the court being under the obligation to impart justice and to uphold the law, is not debarred from exercising its power, if the interest of justice in a given case so require, even if the accused may have no right to invoke Section 91. To exercise this power, the court is to be satisfied that the material available with the investigator, not made part of the chargesheet, has crucial bearing on the issue of framing of charge.

Summon at the stage of framing of charge:

In State of Orissa versus Debendra Nath Padhi (2005) 1 SCC 568, it was observed: Continue reading “Summon to Investigator to produce all material collected during investigation.”