Preventing the criminalisation of politics and ensuring free, fair, and fearless elections is essential for the preservation of democracy.

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;

(i) As directed earlier, a list of persons against whom non-bailable warrant of arrest and processes under section 82/83 Cr. P.C. have been issued shall be prepared by all the Officers Incharge of the police stations stationwise and a copy thereof shall be handed over to the Returning Officer. The Officers Incharges themselves or any officer deputed by them shall be present in the office of the Returning Officer at the time of filing of nomination papers to verify name and address of persons against whom processes i.e., non-bailable warrant of arrest of process under section 82/83 Cr. P.C. are pending. If it is found that processes are pending against any candidate or his proposer, he shall be arrested and produced before the Magistrate. However, it is clarified that if any person while going to file nomination paper is arrested by the police then he will be allowed to file nomination paper keeping him in custody and thereafter he will be produced before the concerned Magistrate.

(ii) Private person under section 43 Cr. P.C. has right to arrest a person against whom proclamation under section 82 has been issued and produce him before the nearest police station. Thus, even the private person can exercise the power of arrest against an absconder and produce him before the nearest police station.

(iii) The aforesaid direction to the police personnel to arrest the absconder at the time of filing nomination for Assembly seats does not mean that their duty is confined upto that stage only. They are duty bound to arrest a person against whom the processes i.e. non-bailable warrant of arrest and process under section 82/83 Cr. P.C. has been issued at any time and even after filing of the nomination papers.

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. Let a copy of this order be handed over to the Counsel for the Election Commission and Mr. M.R Gupta, Advocate.

4. Put up this matter after the election is over.