New Delhi, Sept 25: In a setback to a section of the civil society eyeing for a stern judicial intervention, the Supreme Court on Tuesday refrained from ruling a ban on 'tainted politicians' from contesting elections. Among the proponents for the disqualification of crime-accused candidates is former Chief Election Commissioner SY Quraishi.

Quraishi, while voicing his opinion on the issue earlier, has expressed apprehensions over the legislature enacting a law to deal with the menace -- as directed by the apex court today. The Ex-CEC said it is unlikely the Parliament will bring in a legislation as all major political parties have elected members with criminal records. Supreme Court Declines to Bar Tainted MPs, MLAs From Contesting Elections or Disqualifying Them, Leaves Decision on Parliament.

The Centre, during the course of hearing in the apex court, had opposed the litigation which sought a ban on lawmakers facing criminal charges. Attorney General KK Venugopal said the right to contest falls under the same statue which guarantees the right to universal franchise.

Qureshi, while speaking on the issue at a public event last year, had opposed this argument pointing out that the right to contest an election is "not a fundamental right".

If chargesheeted politicians are allowed to contest elections, then no other undertrials should be jailed, the ex-CEC said, claiming that on one hand, the state is protecting one's "right to contest" which is not a fundamental right; and on the other side -- lakhs of undertrials are languishing in jails without being convicted.

"What about the over 2.7 lakh persons today who are undertrials (and are therefore “innocent”) and locked up in jails? Their fundamental rights of liberty, freedom of movement, freedom of occupation and dignity are denied. Does this not violate the fundamental right of equality," Qureshi had said.

The ex-CEC has also attempted to rebut the argument of "politically motivated" cases, proposing that the Election Commission should debar only those candidates who have been chargesheeted at least six months before the elections.

(The above story first appeared on LatestLY on Sep 25, 2018 06:30 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).