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

The Supreme Court on Friday issued notice on a plea by Bharatiya Janata Party (BJP) General Secretary, BL Santhosh, seeking a review of the top Court's order holding the party, among others, guilty of contempt of court for failing to properly disclose criminal antecedents of electoral candidates during the 2021 Bihar elections [BL Santhosh vs Brajesh Singh and ors]. .A bench of Justices Dinesh Maheshwari and BR Gavai has also impleaded the Election Commission of India (ECI) and sought its response in the matter. .The Supreme Court was hearing a review petition against an August 2021 order that had imposed fines on the BJP and seven other political parties for failing to comply with the top court's directions in relation to the disclosure of details of electoral candidates with criminal backgrounds. The Court had earlier ordered that these details be published on the official websites of political parties as well as in newspapers and on social media during the 2021 Bihar Assembly Elections..The BJP was fined a sum of ₹ 1 lakh, after the then bench of Justices Rohinton Fali Nariman (now retired) and BR Gavai noted that the party had published criminal antecedents of its candidates in newspapers of low circulation. Further, the Court had noted that the forms in which such details had to be published were filled in a mechanical manner..The amicus curiae, Senior Advocate KV Vishwanathan, had pointed out that while giving reasons for selecting candidates, the party had downplayed the seriousness of offences charged against them, including offences under Section 386 (extortion) and Section 506 (criminal intimidation) of the Indian Penal Code (IPC). These offences were portrayed as being cases that were of a trivial nature, the Court was told at the time."We are of the view that the reason given by the party for failing to submit Form C-7 in respect of one of its candidates is not acceptable and that the party has not provided reasons for selection of its candidates which are in line with our directions," the Court had ruled at the time, while holding the BJP guilty of contempt of court..On Friday, the BJP Secretary General's counsel argued that subsequent orders have said that reasons for selection of candidates are not necessary. Once the details are brought to the notice of the electorate, it is for them to decide on how they will vote, it was argued. The petition, filed through advocate Shailesh Madiyal, explained that the failure to submit the C-7 form for one candidate was not willful and that the party had inadvertently filled the C-7 forms only for 76 out of the 77 candidates who had criminal cases against them. Hence, there is no willful disobedience of the Court's orders in terms of disclosure of information, it was submitted. Further, it was argued that there are no 'specific or straight-jacket' parameters fixed as to how to mention the reasons for choosing candidates. .The earlier order by the Supreme Court had directed political parties to upload information on electoral candidates with criminal backgrounds on their websites, in newspapers and on social media, including details such as the nature of the crime, whether charges have been framed, reasons on why each candidate is being fielded for elections etc.