The allegation that the police can be misused against politicians further speaks about criminal investigation in India, which begins and ends with a confession statement, often extracted with the use of brute force.
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| Cartoon by Mr. Sathish Acharya http://cartoonistsatish.blogspot.hk/ |
Source/Credit: The Asian Human Rights Commission
By AHRC-STM-132-2013 | July 16, 2013
A Statement from the Asian Human Rights Commission
The judgment of the Supreme Court of India delivered on 10 July 2013 in Civil Writ Petitions 490 and 231 of 2005, declaring Subsection (4) of Section 8 of the Representation of People's Act, 1951 as ultra vires the constitution, is a watershed event. The Court on the same day dismissed two other Civil Appeals, 3040 and 3041 of 2004, holding that if persons held in lawful custody other than preventive detention cannot vote in an election, such persons are also not allowed to contest elections. The Court's interpretation of the 1951 law vis a vis the constitutional scheme has the potential to stymie criminals perpetually contesting elections in the country.
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