We have been duly fooled !!
I have a suspicion and a strongest belief that actually the court verdict is heavily in favour of criminality and criminalisation of politics while the ruling political party, "the government", has managed to fool the 1.2 billion population of India by a trickful presentation of the verdict. The media has projected the news as a defeat of the cunning politicians and the criminal politicians, but technically the news has brought a victory to them and their designs. They have stolen away, through a proper law process obtained from the Highest court of India, the Supreme Court, a victory and allowance to have convicted people to contest elections. The cunning politicians have even dared to "request the court to re-look into the verdict", thereby got the court to re-affirm the verdict that "yes, people who have convicted BUT for less than 2 years CAN contest elections". Inside, the politicians must be jeering this verdict , while the Common Man will stand a fool enjoying the 'verdict in his ways',after hearing the news from the mouth of the foolish news-media that the Court has "rejected people convicted over 2 years to contest elections". !
Various rights groups must immediately re-look into this case as to how the court could allow even to those people who have been duly charge-sheeted by the police to contest elections . I believe the case have worked by the lawyer-turned-politicians in a very smart way so to steal a victory at that unethical and unlawful issue without giving a whiff of who is actually the winner in the court case.
It is a part of the Declaration of Human Rights that every citizen on planet Earth is given protection to his political rights and therefore the state must be checked from abusing its power to deny political rights to any of its citizens. Such a right , as with all other human Rights, have a contribution in maintaining peace and law and order on our only home in the universe, the Earth.
A state can abuse its power by falsely implicating a citizen, thereby debarring him from either contesting a democratic election process, or refraining him from voting.
The Supreme Court verdict on Criminal and Convicted citizens have come in two orders.
the SC has ordered that a person who is in prevention detention, withered chargesheeted or not , since has his voting rights suspensed under the law on Representation of People Act, therefore cannot contest election too.
The other order of Supreme Court is that a person who is chargesheeted, or has already undergone a conviction but of less than two years, can contest election, because there are fears of miscarriage of justice which must not be let in way of the rights of a citizen.
It is very difficult to attain the combination of the above three wants together, which is about preventing the criminal and corruption practises and yet not violating the Human Rights call on prevention of abuse of the powers of the state.
The Human Rights group inform us that unless we strive to achieve the necessary reforms in our Investigations, Forensics and the Justice system, we will have to suffer from both the ills- a criminalisation of politics, and/or the abuse of powers of state against the citizens. Indeed , the two orders of the Supreme court will now afford to us the two most undesired thing together. Not only will the criminal and corrupt people will be having a lawful freedom to contest elections, once they come to power they will also have the freedom to abuse state power of preventive detention against citizens who are out of their pleasure.
The causation of such a verdict of the Supreme court is that the Supreme court has unintelligently participated and approved the desire of the government to not to reform its investigation, forensic and the judicial system.
The coming era in India now runs the fear of even more aggravated criminalisation of politics while the man in the street will be harassed to fall in line of the state orders.