Supreme Court orders one-year deadline for poll offence probes

The Supreme Court on Monday directed that investigations into electoral offences, including use of black money, must be completed within one year. A bench of Justices Sanjay Karol and N Kotiswar Singh also ordered high courts to designate special courts for speedy trial of such cases and made high court approval mandatory before a prosecution against a candidate can be withdrawn during an election cycle.

The court was hearing an appeal from a 2015 Karnataka High Court order that had quashed an FIR against a candidate after Rs 20.48 lakh in cash was seized in Bellary. Expanding the scope of the case, Hindustan Times reports the court sought responses from the Election Commission, the Union government, and states. The bench warned that if electoral choice is tainted by external influences, “the very essence of democracy” is compromised.

The Times of India notes the court also directed that when Static Surveillance Teams find cash over Rs 10 lakh, the Income Tax department must be activated. The Election Commission had told the court that unilateral withdrawal of cases after a change in government was a “problematic reality”. The court said the new rule places candidates on the same footing as sitting MPs and MLAs in criminal prosecutions.