The Supreme Court today observed that debarring persons against whom charges have been framed by a court from contesting elections will be against the ethos of democracy.
The court made the observation while hearing a plea seeking directions to that effect.
"If we accept that persons against whom charges are framed should be prevented from contesting elections, it would result in a danger to the democratic polity and ethos of this country," said Chief Justice of India HL Dattu.
Given the multi-party system and the political rivalry, such a law would make it "the easiest method to prevent a person contesting polls" he said. "File FIR, then the court takes cognisance and frames charges and that person would be prevented from contesting."
The petitioner's advocate argued that misuse of the law can't be a reason to stop criminals from entering the legislature and that the Election Commission and the Law commission had recommended an amendment in the law.
"We always say unless a person is convicted, he is presumed to be innocent and you are asking us to rewrite the law on disqualification of candidates," Justice Dattu said.
The case will be heard again on Wednesday.
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