A total of 49 candidates out of 238 contesting in the second phase of Jammu and Kashmir elections have declared criminal cases against themselves and 37 have declared serious criminal cases against themselves, according to a report by Association for Democratic Reforms (ADR). This accounts for 21% and 16% respectively.

Jammu and Kashmir elections are being held in three phases: September 18, September 25 and October 1, 2024. The counting of votes will be on October 8.

The Jammu & Kashmir Election Watch and ADR have analysed the self-sworn affidavits of 238 out of 239 candidates, who are contesting in the Jammu & Kashmir Assembly Elections Phase II. One Independent candidate namely Sarjan Ahmad Wagay contesting from Beerwah constituency has not been analysed due to the unavailability of his complete affidavit.

Three candidates have declared cases of attempt to murder (IPC Section-307), and seven candidates have declared cases related to crimes against women. Out of seven candidates, one candidate has declared cases related to rape (IPC Section-376).

Among the major parties, four (15%) out of 26 candidates analysed from JKPDP, four (24%) out of 17 candidates analysed from BJP, two (33%) out of six candidates analysed from Congress and one (5%) out of 20 candidates analysed from JKNC have declared criminal cases against themselves in
their affidavits, according to the ADR report.

Among the major parties, one (4%) out of 26 candidates analysed from JKPDP, three (18%) out of 17 candidates analysed from BJP, two (33%) out of six candidates analysed from Congress and one (5%) out of 20 candidates analysed from JKNC have declared serious criminal cases against themselves in their affidavits.

Eight (31%) out of 26 constituencies are red alert constituencies. Red alert constituencies are those where three or more contesting candidates have declared criminal cases against themselves.

In its report, ADR report said, “The directions of the Supreme Court have had no effect on the political parties in selection of candidates in the Jammu & Kashmir Assembly Elections Phase II as they have again followed their old practice of giving tickets to around 21% candidates with criminal cases. All major parties contesting in Jammu & Kashmir Elections Phase 2 have given tickets from 5% to 33% candidates who have declared criminal cases against themselves.”

“The Supreme Court in its directions dated 13th February, 2020 had specifically instructed political parties to give reasons for such selection and why other individuals without criminal antecedents could not be selected as candidates. As per these mandatory guidelines, the reasons for such selection has to be with reference to qualifications, achievements and merit of the candidate concerned,” it said.

It further added, “This data clearly shows that political parties have no interest in reforming the electoral system and our democracy will continue to suffer at the hands of lawbreakers who become lawmakers.”