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2005 Supreme(Pat) 21

NAGENDRA RAI, BARIN GHOSH
Indian Medical Association, Bihar – Appellant
Versus
State Of Bihar – Respondent


Judgment

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 Re





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