Can we prevent persons who have cases against them from filing nomination? Supreme Court asks

The Supreme Court wondered on Tuesday if persons with criminal antecedents can be prevented from contesting elections [Ashwini Kumar Upadhyay vs Union of India]..A Bench headed by the Chief Justice of India NV Ramana posed the question while hearing a petition seeking the de-registration of political parties fielding candidates with criminal antecedents in elections.CJI Ramana asked the petitioner, advocate and BJP member Ashwini Upadhyay,"Can we prevent persons who have cases against them from filing nominations?".Upadhyay replied the practice is against two apex court judgments. The Court then said that it would examine the matter..In the instant case, Upadhyay moved the Supreme Court seeking directions to the Election Commission of India to de-register political parties that do not disclose the criminal antecedents of candidates they field for elections.Upadhyay, a BJP leader, cited the specific example of the Samajwadi Party (SP) fielding Nahid Hasan from the Kairana constituency as a candidate for the upcoming assembly elections in Uttar Pradesh.It was alleged that Hasan is a notorious gangster, despite which the SP published neither his criminal records nor the reason for his selection as a candidate, which is mandatory as per a February 2020 judgment of the Supreme Court."Nahid Hasan is in custody under the Gangster Act imposed on him around 11 months ago and he is the first candidate to file nomination in the first phase of Uttar Pradesh Assembly Elections. On 13.2.2021, Shamli Police imposed the Gangster Act on Nahid Hasan, the two-time MLA from Kairana. He has multiple criminal cases and is the mastermind behind the Hindu exodus from Kairana. There are many criminal cases including fraud and extortion and was declared a fugitive by Special MLA-MP Court," the plea stated..The Supreme Court in its February 2020 judgment in Rambabu Singh Thakur v. Sunil Arora & Ors had directed political parties to upload details of candidates with criminal backgrounds on their official websites as well as in newspapers and on social media.The Court had reiterated its own 2018 ruling in this regard and ordered that details of criminal antecedents of candidates should include the nature of the crime, whether charges have been framed etc.It was further held that the parties should give reasons why each candidate is being fielded for elections. It was also made clear by the Supreme Court that the ability to win elections should not be the reason furnished for fielding the candidate..Upadhyay's plea claimed that political parties have not adhered to the 2018 and 2020 rulings of the top court. He, therefore, sought directions to the poll body of India to ensure that every political party explains why it has preferred a person with criminal cases and did not select a candidate without criminal antecedents, within 48 hours."Ensure that every political party publishes the details regarding criminal cases of each candidate along with reason for such selection on the Home Page of its official website in bold letters within 48 hours," one of the prayers stated.Upadhyay also urged the top court to issue directions to the Election Commission to file contempt of court cases against Presidents of those political parties which violate the directions laid down in the 2018 judgment."The injury caused to citizens is extremely large because even recognized political parties are giving ticket to dreaded criminals. Therefore, voters find it difficult to cast their vote freely and fairly, though it’s a fundamental right under Article 19," the petition said..The Supreme Court had in August 2021 imposed fines on eight political parties contesting the Bihar Assembly Elections of 2020 for failing to comply with its earlier directions in relation to disclosure of details of candidates with criminal backgrounds..[UP Elections 2022] Plea before Supreme Court to de-register political parties which do not reveal criminal antecedents of candidates