Election black money cases must be probed faster, says Supreme Court

New Delhi: Observing that black money in the electoral process compromises democracy, rule of law and the process itself, the Supreme Court on Monday strongly batted for timely probes and conclusion of criminal cases relating to recovery of ill-gotten money during the elections in the country.

Issuing a slew of directions, a bench of Justices Sanjay Karol and N K Singh said "any external factors that may influence this exercise of choice have the ability to compromise the very essence of democracy".

It said since the choice made by the individual is not free if ill-gotten money is involved and rather it is clouded by gratification, monetary or otherwise, or by promises sometimes genuine, other times misleading.


"Black money in the electoral process i.e. the issue with which we are herein concerned, is one such aspect that compromises democracy, rule of law and the electoral process itself," the bench said.

The top court said the issue of tainted money circulating and polluting the most cherished process of democracy is not a recent phenomenon and has been recognized time and time again.

Referring to seizure of cash and assets during the election process, it said "the authority affecting the seizure must, within 24 hours, report the same to the District Magistrate/Additional District Magistrate/Court having competent jurisdiction along with written reasons disclosing the prima facie nexus between the cash or other asset seized and the suspected electoral offence."

Justice Karol, who penned the verdict on behalf of the bench, said when FIRs are registered, the investigation officer (IO) entrusted with the probe has to make every possible endeavour to complete it within a year.

"If this timeline is exceeded, reasons therefor shall be recorded and communicated to the Election Commission of India," the bench directed.

The order was passed by the bench on a plea filed by Karnataka government related to the 2014 Lok Sabha polls, where large scale of black money was seized during elections in Bellary district.

Asking the Election Commission and state governments to file a compliance affidavit by November 18, the bench directed the IO will have to submit a quarterly status report regarding the investigation to the EC through the nodal officer, after due approval of the Senior Superintendent of Police/the Deputy Commissioner of Police of the concerned district.

"When Static Surveillance Teams (SST) during checks find money in excess of Rs 10 lakh, information about the same shall be forwarded to the income tax authorities," the top court directed.

The bench referred to the indispensability of elections in a democracy and said those who are up for elections themselves cannot be responsible for conducting the elections itself.

"If that is so, the election would be rendered illusory," the bench added and directed that all endeavours ought to be made for expeditious disposal of cases against candidates/sitting MPs/MLAs keeping in view the recurrent nature of elections.

To ensure speedy conclusion of trials, the bench directed all the high courts to follow procedures and designate courts for the purposes of prompt hearing and disposal of such cases.

"For withdrawal of cases against candidates in a particular election cycle, the approval of the concerned high court is mandatory," the bench said while referring to earlier decisions of the apex court.

The bench said the affidavit of the EC gives details of the number of cases pending in connection with the 2024 Lok Sabha and assembly elections held between 2019-25, which shows that quite a large percentage of pendency.

"The concerned courts should make all efforts to take the cases to the logical conclusion with utmost expedition," the top court said.