w w w . L a w y e r S e r v i c e s . i n



Rambabu Singh Thakur v/s Sunil Arora & Others


Company & Directors' Information:- P K THAKUR & CO. P. LTD. [Active] CIN = U74210WB1989PTC047496

Company & Directors' Information:- S L ARORA AND CO PRIVATE LTD [Active] CIN = U74899DL1987PTC029562

Company & Directors' Information:- SUNIL & CO PVT LTD [Active] CIN = U32109WB1984PTC037810

Company & Directors' Information:- ARORA & CO PVT LTD [Strike Off] CIN = U51909WB1941PTC010395

    Contempt Pet. (C) Nos. 2192, 428, 464 of 2018 In W.P. (C) No. 536 of 2011

    Decided On, 13 February 2020

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE R.F. NARIMAN & THE HONOURABLE MR. JUSTICE S. RAVINDRA BHAT

   



Judgment Text


R.F. Nariman, J.

1. This contempt petition raises grave issues regarding the criminalisation of politics in India and brings to our attention a disregard of the directions of a Constitution Bench of this Court in Public Interest Foundation and Ors. v. Union of India and Anr. (2019) 3 SCC 224.

2. In this judgment, this Court was cognisant of the increasing criminalisation of politics in India and the lack of information about such criminalisation amongst the citizenry. In order to remedy this information gap, this Court issued the following directions:

“116. Keeping the aforesaid in view, we think it appropriate to issue the following directions which are in accord with the decisions of this Court:

116.1. Each contesting candidate shall fill up the form as provided by the Election Commission and the form must contain all the particulars as required therein.

116.2. It shall state, in bold letters, with regard to the criminal cases pending against the candidate.

116.3. If a candidate is contesting an election on the ticket of a particular party, he/she is required to inform the party about the criminal cases pending against him/her.

116.4. The political party concerned shall be obligated to put up on its website the aforesaid information pertaining to candidates having criminal antecedents.

116.5. The candidate as well as the political party concerned shall issue a declaration in the widely circulated newspapers in the locality about the antecedents of the candidate and also give wide publicity in the electronic media. When we say wide publicity, we mean that the same shall be done at least thrice after filing of the nomination papers.”

3. On a perusal of the documents placed on record and after submissions of counsel, it appears that over the last four general elections, there has been an alarming increase in the incidence of criminals in politics. In 2004, 24% of the Members of Parliament had criminal cases pending against them; in 2009, that went up to 30%; in 2014 to 34%; and in 2019 as many as 43% of MPs had criminal cases pending against them.

4. We have also noted that the political parties offer no explanation as to why candidates with pending criminal cases are selected as candidates in the first place. We therefore issue the following directions in exercise of our constitutional powers under Articles 129 and 142 of the Constitution of India:

1) It shall be mandatory for political parties [at the Central and State election level] to upload on their website detailed information regarding individuals with pending criminal cases (including the nature of the offences, and relevant particulars such as whether charges have been framed, the concerned Court, the case number etc.) who have been selected as candidates, along with the reasons for such selection, as also as to why other individuals without criminal antecedents could not be selected as candidates.

2) The reasons as to selection shall be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere “winnability” at the polls.

3) This information shall also be published in:

(a) One local vernacular newspaper and one national newspaper;

(b) On the official social media platforms of the political party, including Facebook & Twitter.

4) These details shall be published within 48 hours of the selection of the candidate or not less than two weeks before the first date for filing of nominations, whichever is earlier.

5) The political party concerned shall then submit a report of compliance with these directions with the Election Commission within 72

Please Login To View The Full Judgment!

hours of the selection of the said candidate. 6) If a political party fails to submit such compliance report with the Election Commission, the Election Commission shall bring such non-compliance by the political party concerned to the notice of the Supreme Court as being in contempt of this Court’s orders/directions. 5. With these directions, these Contempt Petitions are accordingly disposed of.
O R







Judgements of Similar Parties

30-09-2020 Prem Kumar & Others Versus Abhimanyu Arora High Court of Delhi
10-09-2020 Pinkyben Bhuneshwarsingh Thakur Versus State of Gujarat & Another High Court of Gujarat At Ahmedabad
09-09-2020 Gyan Singh Thakur & Others Versus State of MP. High Court of Madhya Pradesh Bench at Indore
24-08-2020 B. Sunil Kumar & Another Versus Cochin University of Science & Technology, Rep. by Its Registrar & Others High Court of Kerala
21-08-2020 Sunil Kumar Bishnoi Versus Union of India & Others High Court of Punjab and Haryana
17-08-2020 M/s. Barnala Builders & Property Consultants Through Its Accounts Head, Zirakpur Versus Capt. U.C. Arora National Consumer Disputes Redressal Commission NCDRC
14-08-2020 Sunil Chillalshetti & Others Versus State of Chhattisgarh, through the Secretary, Medical Education Department, Chhattisgarh & Another High Court of Chhattisgarh
13-08-2020 Sunil Agrawal Versus Chhattisgarh Environment Conservation Board, Through its Chairman, Naya Raipur (C.G.) & Others High Court of Chhattisgarh
27-07-2020 Manish Sharma & Another Versus Urmila Arora High Court of Delhi
23-07-2020 Sunil N. Godhwani Versus State High Court of Delhi
23-07-2020 Sunil Rathee & Others Versus The State of Haryana & Others Supreme Court of India
22-07-2020 V. Venkata Siva Kumar Versus Institute of Cost Accountants of India, Rep. by the President, M.K. Thakur & Others High Court of Judicature at Madras
13-07-2020 M/s. Vismaya Advertising, Ernakulam, Represented by Its Manager Sunil S. Menon & Another Versus The Intelligence Officer (IB), Department of Commercial Taxes, Mattancherry at Aluva & Others High Court of Kerala
07-07-2020 Sunil Yadavrao Beedkar Versus The Divisional Commissioner, Aurangabad & Others In the High Court of Bombay at Aurangabad
07-07-2020 Kamla Nehru Educational Society Thru Secy. Shri Sunil Dev & Others Versus State of U.P. Thru Secretary Housing & Urban Planning & Others High Court Of Judicature At Allahabad Lucknow Bench
03-07-2020 K.J. Sunil Versus State of Kerala, Represented by The Public Prosecutor, High Court of Kerala at Ernakulam & Another High Court of Kerala
01-07-2020 Ishwar Chander & Another Versus Sunil Saran High Court of Punjab and Haryana
01-07-2020 Sree Gokula Chit & Finance Co (Pvt.) Ltd Versus Sunil Sabu High Court of Kerala
30-06-2020 Sunil Raj, Corrected As Susil Raj (The Name of the Petitioner typed as “Sunil Raj” in the cause title of the Memorandum of Crl.M.C., Synopsis, Index and petition for Interim Direction and on The Docket is corrected as “Susil Raj” as per order dated 12.11.2019 in CRL.M.A.No.1/2019 in CRL.M.C.No.1797/2017.) Versus Gopan & Another High Court of Kerala
29-06-2020 Union Bank of India, Punjab Versus Usha Arora & Another National Consumer Disputes Redressal Commission NCDRC
26-06-2020 Gian Chand Thakur Versus State of HP & Others High Court of Himachal Pradesh
25-06-2020 Sunil @ Sunil Ashok Gadivaddar Versus State of Karnataka, Rep. by SPP, Bengaluru High Court of Karnataka
12-06-2020 Ain Singh Thakur Versus State of HP & Others High Court of Himachal Pradesh
09-06-2020 M/s. Thakur Stone Quarries through its Partner Munesh Hotilal Thakur Versus State of Maharashtra & Others High Court of Judicature at Bombay
08-06-2020 Kavi Arora Versus State High Court of Delhi
04-06-2020 Sunil Versus State of U.P. High Court of Judicature at Allahabad
26-05-2020 Anupam Thakur Versus State of Himachal Pradesh High Court of Himachal Pradesh
20-05-2020 Sunil Kumar Aledia Versus Govt. of NCT of Delhi & Others High Court of Delhi
14-05-2020 P.N. Chaturvedi Versus Chandramohan Thakur & Another High Court of Madhya Pradesh
30-03-2020 Sunil Kumar Mohanty Versus Kalahandi Anchalika Gramya Bank & Others High Court of Orissa
20-03-2020 M/s. Shyamsingh Devisingh Thakur & Construction Company & Another Versus Municipal Council, Mohpa through its Chief Officer & Others In the High Court of Bombay at Nagpur
18-03-2020 Ritesh Rajendra Thakur Versus State of Maharashtra Through its Secretary, Tribal Development Department & Another High Court of Judicature at Bombay
13-03-2020 M/s. Fossil India Private Limited, Represented by Sunil Prabhakaran Authorised Signatory Versus The Deputy Commissioner of Commercial Tax (Audit-5.4), Bengaluru & Others High Court of Karnataka
12-03-2020 Sunil Kumar Mishra Versus State High Court of Delhi
06-03-2020 South Eastern Coalfields Limited Versus Ashok Kumar Thakur High Court of Chhattisgarh
20-02-2020 Vishal Thakur Versus State of Himachal Pradesh High Court of Himachal Pradesh
19-02-2020 Ram Kumar Thakur Versus Union of India & Others High Court of Jammu and Kashmir
18-02-2020 K.P. Thakur & Another Versus State of U.P. & Another High Court of Judicature at Allahabad
17-02-2020 Sunil Gandhi & Another V/S A.N. Buildwell Private Limited High Court of Delhi
17-02-2020 Naresh Kumar Arora & Another Versus Nitin Garg High Court of Delhi
13-02-2020 M/s. Vadim Infrastructure Private Limited. (formerly M/s.VolTech Infrastructure Pvt. Ltd., Represented by its Director R. Rajamanickam Versus M/s. Sunil HiTech Engineers Ltd., Rep. by its Chairman & Managing Director & Another High Court of Judicature at Madras
13-02-2020 Desiree M. Thakur & Another Versus The Appropriate Authority & Another High Court of Judicature at Bombay
06-02-2020 Sunil Kumar @ Sunil Versus State of Kerala Reptd. by Public Prosecutor, High Court of Kerala, Ernakulam High Court of Kerala
06-02-2020 Sunil Soni & Another Versus State of U.P. & Another High Court of Judicature at Allahabad
05-02-2020 Nandagopal Chetty & Another Versus Sunil & Others High Court of Judicature at Madras
04-02-2020 Jaswin Arora Versus Harmeet Singh Sood & Others High Court of Delhi
04-02-2020 Sunil Kumar, Director, Zephyr Entrance Coaching Centre, Kunnumpuram Versus C.S. Abdul Jabbar Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
04-02-2020 Mahendra Singh Thakur Versus Union of India, Represented by the Secretary, Govt. of India, Ministry of Human Resource Development, Department of Education, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
30-01-2020 Sunil Polist Versus CPIO /Manager (CRM)/EDMS Life Insurance Corporation of India Central Information Commission
29-01-2020 Meerut Developemnt Authority Through Secretary, Meerut U.P. Versus Virendra Kumar Arora National Consumer Disputes Redressal Commission NCDRC
21-01-2020 Sunil @ Sumit Versus State of Maharashtra In the High Court of Bombay at Nagpur
20-01-2020 R.C. Sood & Co. Developers Pvt. Ltd. Versus Sunil Bansal & Others National Consumer Disputes Redressal Commission NCDRC
19-12-2019 B. Sunil Baliga Versus Sudir High Court of Karnataka
17-12-2019 Shweta @ Sakshi Versus Sunil High Court of Karnataka Circuit Bench At Dharwad
12-12-2019 S. Sudarshan Versus G.M. Sunil Kumar High Court of Karnataka
11-12-2019 Sunil Bharti Mittal & Others Versus N. Naresh Kumar & Another High Court of Karnataka
11-12-2019 Sunil Pundalik Admile Versus Madhukar Tukaram Kshirsagar In the High Court of Bombay at Aurangabad
06-12-2019 Dharmendra Prasad & Others Versus Sunil Kumar & Others Supreme Court of India
03-12-2019 Rupali Thakur Bhuyan & Others Versus The Union of India, Represented by the Secretary, To the Government of India, Ministry of Mines (Department of Mines), New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
27-11-2019 Assistant Director, Directorate of Enforcement Versus Sunil Godhwani High Court of Delhi
22-11-2019 Union Bank of India, Punjab Versus Surinder Kumar Arora & Another National Consumer Disputes Redressal Commission NCDRC
21-11-2019 Sunil Versus Neethu High Court of Kerala
14-11-2019 Soma Barman Nee Datta Versus Sunil Chandra Podder & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
13-11-2019 Niraj Kumar Thakur Versus The Union of India, Represented by the General Manager, N.F. Railway, Guwahati & Others Central Administrative Tribunal Guwahati Bench Guwahati
06-11-2019 Sun Pharmaceutical Industries Ltd. and Others V/S Gyan Singh Thakur and Others. High Court of Madhya Pradesh Indore Bench
06-11-2019 M/s Arora & Co Versus Union of India & Others High Court of Delhi
05-11-2019 Subhash Arora Versus Prasad Process Pvt. Ltd. High Court of Delhi
04-11-2019 Sunil Bhai Sheth Versus M/s. Agricore Commodities Pvt. Ltd. & Others Supreme Court of India
31-10-2019 Gulshan Arora Versus Ramesh Chander High Court of Delhi
23-10-2019 Raghubir Singh Arora & Others Versus Rajesh Khanna & Others High Court of Delhi
21-10-2019 Barun Chandra Thakur Versus Ryan Augustine Pinto & Another Supreme Court of India
15-10-2019 O.P Thakur Versus Shimla Municipal Corporation & Another National Consumer Disputes Redressal Commission NCDRC
15-10-2019 Miraj Medical Centre Miraj through Medical Superintendent & Others Versus Sunil Tukaram Danane & Another High Court of Judicature at Bombay
01-10-2019 Axestrack Software Solutions Pvt. Ltd. Versus Harman Singh Arora National Company Law Appellate Tribunal
27-09-2019 P.S. Abhiram Sunil Versus Rajiv Gandhi University of Health Science, Represented By Its Registrar, Bengaluru & Another High Court of Karnataka
20-09-2019 Sharmila Mukhopadhyay Versus Sunil Kanti Barua, Rep by his Constituted Attorney - Prasanta Bose & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-09-2019 Sunil Versus State of Maharashtra & Another In the High Court of Bombay at Nagpur
19-09-2019 Pritam Arora Versus Manak Chand Jain High Court of Delhi
16-09-2019 Sunil Eknath Bajaj & Others Versus Maheshwari Seva Trust & Others In the High Court of Bombay at Aurangabad
11-09-2019 Sunil Kumar Agarwal Versus State of U.P. & Another High Court of Judicature at Allahabad
03-09-2019 M/s. Balaji Ginning Factory, through Its Proprietor – Sunil Chiranjilal Bajaj Versus Assistant Provident Fund Commissioner In the High Court of Bombay at Nagpur
03-09-2019 Thakur Uma Rani Versus Thakur Giridhar Singh High Court of for the State of Telangana
28-08-2019 Kathod Tukaram Thakur & Another Versus The State of Maharashtra & Others High Court of Judicature at Bombay
22-08-2019 Pawan Kumar Versus Sunil Kumar High Court of Punjab and Haryana
22-08-2019 M/s. Haskoning B.V. Dutch Consulting Engineers & Architects rep. by its Power of Attorney holder Sunil Kumar Versus M/s. Kamarajar Port Ltd. High Court of Judicature at Madras
21-08-2019 Gujarat Medical Education & Research Society Versus Dinesh Thakur High Court of Gujarat At Ahmedabad
07-08-2019 Central Bank of India Versus Raj Kumar Arora & Others Debts Recovery Appellate Tribunal at Delhi
05-08-2019 The Mayor Jaipur Municipal Corporation & Another Versus Thakur Shiv Raj Singh & Others Supreme Court of India
01-08-2019 Rohan Sunil Jain (Chavre) & Others Versus The State of Maharashtra, Through : the Police Sub-Inspector & Another In the High Court of Bombay at Aurangabad
24-07-2019 Swapan Majumdar Versus Sri Sri Rameshwar Shiv Thakur, since deceased, Represented by Shyama Rani Ghosh & Others High Court of Judicature at Calcutta
19-07-2019 Dynamic Designer Company Versus Sandeep Singh Arora & Others Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
17-07-2019 Sunil Muneshwar Yadav & Another Versus State of Maharashtra & Another In the High Court of Bombay at Nagpur
17-07-2019 Ramanna Versus K.S. Sunil Gupta & Others High Court of Karnataka
17-07-2019 Gaurav Thakur Versus State of Himachal Pradesh High Court of Himachal Pradesh
16-07-2019 Lakhi Debi Jaiswal Versus Sunil Kumar Shaw West Bengal State Consumer Disputes Redressal Commission Kolkata
11-07-2019 Jatinderveer Arora @ Jimmi Versus State of Punjab High Court of Punjab and Haryana
09-07-2019 Sunil Barve Versus State of M.P. & Others High Court of Madhya Pradesh Bench at Indore
09-07-2019 Trigun Chand Thakur Versus State of Bihar & Others Supreme Court of India
08-07-2019 Sunil Bhai Sheth Versus M/s. Agricore Commodities Pvt. Ltd. & Another High Court of Judicature at Bombay
05-07-2019 Mohan Thakur Versus State of Bihar & Others High Court of Gauhati