INDIAN MEDICAL ASSOCIATION BIHAR Vs. STATE

JUDGEMENT

(1.) THE criminalisation of politics is a danger to the democracy. It has come to the notice of this court that about 20,000 processes, which include non -bailable warrant of arrest and process under section 82/83 Cr. P.C., have not been executed uptil now and in the coming election many candidates against whom processes have been issued and have been absconding may contest the election for Assembly seats. This is a serious matter. In such a situation, we are of the view that some directions are required to be issued to have a free, fair and fearless election and to prevent the criminalisation of politics. Movement of the accused freely in spite of issuance of non -bailable warrant of arrest and process under section 82/83 Cr. P.C., is creating an impression that there is no law for the law breakers. They can do anything without observing the rule of law. Accordingly, we are issuing following directions;

(2.) THE Director General of Police, who is present, states that the vigorous attempt will be made to apprehend the persons against whom processes have been issued. While passing the said order, we are conscious of the fact that when the election process starts the power is vested in the election commission and keeping in view that aspect of the matter, we have issued the aforesaid directions so that without interfering with the election process free, fair and fearless election is held in the State of Bihar.

(3.) PUT up this matter after the election is over.