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Journalism of Courage
A political party indulging in public agitations or enforcing bandh cannot be derecognised either by the Election Commission (EC) of India or any court of the land,the Central government on Tuesday told the Supreme Court.
Appearing for the government,Solicitor General Rohinton Nariman contended before a Bench of Justices G S Singhvi and S J Mukhopadhaya that as per an apex court ruling in 2002,neither the (EC) nor any court could take away the recognition of any political party due to participation in any agitation,hartal (strike) and bandh.
The Centres response was made on a query posed by the court on July 17,seeking explanation from the government if the political parties indulging in violent agitation,leading to destruction of public properties,could be derecognised under the existing laws.
A public interest litigation (PIL) was filed by former IPS officer Prakash Singh seeking court direction to frame guidelines for preventing agitations leading to large-scale destruction of property and disruption of traffic through blockage of roads,highways and railway tracks.
He also filed the plea to prevent a repeat of last years three-month blockade of the national highway running through Nagaland.
Nariman however adduced a previous judgement of the apex court only to argue that a political party can only be derecognised by the EC if it had got itself accredited by playing fraud on the commission.
The 2002 verdict had held that the EC could also derecognise a political party if it was declared unlawful by the Central government. The court further said that derecognition was also possible if a party loses faith in the Constitution or the principles of socialism,secularism and democracy and also if a party declares that it would not uphold the sovereignty,unity and integrity of India.
