The Madras High Court observed that the criminal elements are floating political parties on their own with the support of their religion or communities and the same is required to be prohibited. The court further proposed to the Puducherry Government to enact a law similar to the Maharashtra Control of Organised Crime Act, 1999 to contain the criminal activities.
Factual Matrix:
The present Writ Petition has been filed by the wife of the detenu who has been detained in connection with the 19 severe criminal cases that are pending against him. The petitioner has prayed for the issuance of the writ of Habeas Corpus to release the detenu.
Some of the grave charges that are pressed against the detenu include, inter alia murder, dacoity, attempt to murder and other charges under the NDPS Act. Acknowledging the pendency in filing charge sheets in some cases dating back to 2009, the court had passed an order calling upon the respondents to file a report of progress in the investigation in the pending cases.
Further, the detenu is alleged to have been involved in 5 cases of bombings where country-made bombs were used and another case where a country-made gun was used. Out of these 6 cases, the charge sheet has been filed only in 3 cases so far. In another case where the detenu had used a country-made bomb to murder someone in 2017, it took 3 years for the respondents to file a charge sheet that too upon the intervention of the court.
Court’s Observations:
Considering the peculiarity in the investigation process of the cases registered against the detenu, the Court opined that such evident delay in the investigation could be attributed to the prevalent situation in Puducherry wherein the Criminals are working in close association with the political parties. The fact that the investigation has not even been concluded in the last 5 years in respect of the bombing case registered against the detenu in 2015, certainly indicates that the detenu is benefitting from his association with the political parties and the Police.
“This Court is justified to observe that three years delay in granting sanction for the case registered in the year 2017 is only due to political support enjoyed by the accused. In the 2015 case, not even investigation is over for the past 5 years. This would speak about his clout with political parties, especially ruling parties and Police.”
The Court also observed that various politicians and religious and political leaders are working hand in hand with the rowdy gangs to further their respective interests.
“It is appearing in the Media that rowdy gangs are operated by many politicians, communal and religious leaders throughout the Country.”
The gangs are using country bombs and other dangerous weapons to eliminate the rival gang members and politicians and the seriousness of such heinous crimes is not being taken cognizance of. The major reason behind such criminal elements enjoying a leeway is that the political leaders lack the vision to decriminalize politics. On the contrary, the latest trend shows how these criminal elements are becoming politicians themselves.
The Court quoted from the report released by the Association for Democratic Reforms (ADR):
“Lok Sabha Elections 2019 - Analysis of Background, Financial, Education, Gender and other details of the winners” and it revealed that 43% (233 out of 539) elected M.P.s have declared their criminal cases. Out of that, 29% (159 M.P.s) have serious criminal cases pending against them.”
And the court further highlighted the gravity of the situation by commenting on how allowing the criminal elements to become parliamentarians would compromise with the safety of the general public and taint the democratic nature of our country. The court further reiterated the Supreme Court’s observation in the case of the Public Interest Foundation and others v. Union of India and another on the urgent need for enactment of comprehensive legislation to prevent persons with criminal backgrounds from becoming a part of the parliament, State legislatures or other local bodies.
Given the above observations, the Court impleaded the Director General of Police, Puducherry as a new respondent and directed him to give a detailed assessment report of the prevalent gang-related activities in Puducherry.
Case Details:
Parties Name: Jamuna V. the Secretary to Government, Government of India, Ministry of Home Affairs & Ors.
Date of the decision: 13.08.2020
Case No. : H.C.P.No.90 of 2020
Bench: Mr. Justice N. Kirubakaran & Ms. Justice V. M. Velumani
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