Shri Vir Sanghvi in his article "Guilt and Innocence" (HT, 1 May) has pleaded for the principle, innocent till proven guilty." His analysis which covers the chargesheeted or tainted Ministers; overlooks two factors:First, submission of the chargesheet by the CBI in the case preceded by intensive investigation by a specialised official agency namely the CBI and secondly, the subsequent acceptance of the chargesheet and framing of charges by the Court.
He has also overlooked the anomaly in the case of a member of the Union Council of Ministers that the State itself is the Prosecutor in a criminal case, and since the Government is nothing but the instrument of the State and because under the parliamentary system the Council of Ministers has collective responsibility, how can the Government prosecute itself?
In the case of L.K. Advani, the Home Minister, the situation is yet more anomalous, to the point of being ridiculous. As the Home Minister, he is himself involved in directing thè prosecution and appointing Judges!
However, I endorse Shri Sanghyi's view that no distinction can and should be made between a criminal charge involving moral turpitude and another involving assault on person, property or honour of an individual. The violation of the dignity of the Constitution and the State and of a community as a whole cannot be brushed aside as being 'political'. There may be political motivation but that does not provide legal immunity against criminal prosecution when the Laxman Rekha between the propagation of the political view and the commission of a criminal offence in pursuance thereof is crossed.
My own view is that considering the delays inherent in our judicial system as well as the rising level of criminalisation of politics, a healthy polity cannot afford governance by those accused of criminal offence, till the cases are finally decided. However, a line needs to be drawn when a person in public life is only accused or charged by the investigating agency and when a prima facie case is established to the satisfaction of the Court and the Court decides to frame charges.
