Press Release: Jammu and Kashmir Assembly Elections 2024 Phase II: Analysis of Criminal Background, Financial, Education, Gender and other Details of Candidates

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Sep 17, 2024, 2:09:45 AM9/17/24

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Press Release

Date: September 17, 2024

Dear Friends,

The Jammu & Kashmir Election Watch and Association for Democratic Reforms (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 clear and complete affidavit on the ECI website at the time of making this report.

The full reports in English and Hindi can be accessed here: https://adrindia.org/Analysis-of-Criminal-Financial-and-other-Details-of-Candidates-Jammu-%252526-Kashmir-Assembly-Elections-2024-Phase-II

Summary and Highlights

Criminal Background

Candidates with Criminal Cases: Out of 238 candidates analyzed, 49 (21%) candidates have declared criminal cases against themselves.

Candidates with Serious Criminal Cases: 37(16%) have declared serious criminal cases against themselves.

Candidates with cases related to Attempt to Murder: 3 candidates have declared cases of attempt to murder (IPC Section-307).

Candidates with cases related to Crimes against Women: 7 candidates have declared cases related to crimes against women. Out of 7 candidates, 1 candidate has declared cases related to rape (IPC Section-376).

Party wise Candidates with Criminal Cases: Among the major parties,4(15%) out of 26 candidates analysed from JKPDP, 4(24%) out of 17 candidates analysed from BJP, 2 (33%) out of 6 candidates analysed from INC and 1 (5%) out of 20 candidates analysed from JKNC have declared criminal cases against themselves in their affidavits.

Party wise Candidates with Serious Criminal Cases: Among the major parties,1(4%) out of 26 candidates analysed from JKPDP, 3(18%) out of 17 candidates analysed from BJP, 2 (33%) out of 6 candidates analysed from INC and 1 (5%) out of 20 candidates analysed from JKNC have declared serious criminal cases against themselves in their affidavits.

Figure: Party Wise Percentage of Candidates with Criminal Cases

Red Alert Constituencies*: 8(31%) out of 26 constituencies are red alert constituencies. Red alert constituencies are those where 3 or more contesting candidates have declared criminal cases against themselves.

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. During the recent 4 State Assembly elections held in 2024, it was observed that political parties gave unfounded and baseless reasons like popularity of the person, does good social work, cases are politically motivated etc. These are not sound and cogent reasons for fielding candidates with tainted backgrounds. 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.

Financial Background

Figure: Share of Wealth among the Contesting Candidates

Share of wealth among candidates: The share of wealth amongst the candidates contesting in the Jammu & Kashmir assembly elections 2024 phase II is as follows:

Value of assets (Rs.)	Number of candidates	Percentage of Candidates
Rs. 10 crores and above	24	10%
Rs. 5 crores to Rs. 10 crores	36	15%
Rs. 1 crore to Rs. 5 crores	71	30%
Rs. 20 lakhs to Rs. 1 crore	50	21%
less than Rs. 20 lakhs	57	24%

Table: Share of wealth amongst contesting candidates

Crorepati Candidates: Out of the 238 candidates, 131 (55%) are crorepatis.

Party wise Crorepati Candidates: The role of money power in our elections is evident from the fact that all major political parties give tickets to wealthy candidates. Among the major parties 6(100%) out of 6 candidates analysed from INC, 18(90%) out of 20 candidates analysed from JKNC, 13(76%) out of 17 candidates analysed from BJP and 19(73%) out of 26 candidates analysed from JKPDP have declared assets valued more than Rs 1 crore.

Figure: Party Wise Percentage of Crorepati Candidates

Average assets: The average of assets per candidate contesting in the Jammu & Kashmir Assembly Elections 2024 Phase II is Rs 5.80 Crore.

Party wise average assets: Among major parties, the average assets per candidate for 6 INC candidates analysed is Rs. 29.39 Crores, 20 JKNC candidates analysed is Rs 11.21 Crores, 17 BJP candidates have average assets of Rs 11.07 Crores and 26 JKPDP candidates have average assets worth Rs. 5.24 Crores.

High assets candidates: The details of top 3 candidates with highest declared assets, contesting in the Jammu & Kashmir Assembly Elections Phase II are given below:

S.No.	Name	District	Constituency	Party Name	Movable Assets (Rs)	Immovable Assets (Rs)	Total Assets (Rs)	PAN Given
1	Syed Mohammad Altaf Bukhari	Srinagar	Channapora	Jammu and Kashmir Apni Party	1,01,68,32,411	63,72,68,363	1,65,41,00,774 165 Crore+	Y
2	Tariq Hameed Karra	Srinagar	Central Shalteng	INC	44,17,570	1,48,00,00,000	1,48,44,17,570 148 Crore+	Y
3	Mushtaq Guroo	Srinagar	Channapora	Jammu & Kashmir National Conference	6,34,80,000	87,87,00,000	94,21,80,000 94 Crore+	Y

Table: Top three candidates with highest declared assets

Low assets candidates: The details of three candidates with lowest assets are as follows:

S.No.	Name	District	Constituency	Party Name	Movable Assets (Rs)	Immovable Assets (Rs)	Total Assets (Rs)	PAN Given
1	Mohd Akram S/O Khadam Hussain	Poonch	Surankote (ST)	IND	500	0	500 5 Hund+	Y
2	Ravinder Raina	Rajouri	Nowshera	BJP	1,000	0	1,000 1 Thou+	Y
3	Sameer Ahmed Bhat	Srinagar	Central Shalteng	National Republic Party of India	1,694^*	0	1,694 1 Thou+	Y

Table: Candidates with declared lowest assets

* On assets value indicates that the candidate has not provided the total in their affidavits, it has been calculated on the basis of details provided by them in the same

Candidates with high liabilities: 133(56%) candidates have declared liabilities in their affidavits. The details of top three candidates with highest liabilities are given below:

S.No.	Name	District	Constituency	Party Name	Total Assets (Rs)	Liabilities (Rs)	PAN Given
1	Masood Ahmed	Poonch	Poonch Haveli	IND	38,27,52,161 38 Crore+	10,26,05,070 10 Crore+	Y
2	Randhir Singh	Rajouri	Kalakote - Sunderbani	BJP	26,62,04,000 26 Crore+	9,30,99,000 9 Crore+	Y
3	Zaffer Habib Dar	Srinagar	Central Shalteng	Jammu and Kashmir Apni Party	2,79,92,782 2 Crore+	8,08,51,430 8 Crore+	Y

Table: Top three candidates with highest liabilities

Candidates with high income as declared in the ITR*: The details of top 3 candidates with high income declared in ITR are given below:

S.No.	Name	Party Name	Constituency	District	Total Assets (Rs)	Self-Source of Income	Spouse's Source of Income	The financial year for which the last income tax return has been filed by candidate	Total income shown by candidate in ITR (Self+Spouse+Dependent) (Rs)	Self-income shown by candidate in ITR (Rs)
1	Kuldeep Raj Dubey	BJP	Reasi	Reasi	59,02,21,000 59 Crore+	Business	Business	2022-2023	2,24,52,790 2 Crore+	2,01,76,250 2 Crore+
2	Ashok Kumar Sharma	Democratic Progressive Azad Party	Kalakote - Sunderbani	Rajouri	2,62,97,021 2 Crore+	Pension, Agriculture and Legal Profession	Nil	2023-2024	77,46,060 77 Lacs+	65,54,790 65 Lacs+
3	Masood Ahmed	IND	Poonch Haveli	Poonch	38,27,52,161 38 Crore+	Civil Contractor	Nil	2022-2023	72,92,370 72 Lacs+	72,92,370 72 Lacs+

Table: Top 3 candidates with highest income as declared in ITR

Other Background Details

Education details of candidates: 117(49%) candidates have declared their educational qualifications to be between 5^th and 12^thstandard while 114(48%) candidates have declared having an educational qualification of graduate or above. 6 candidates are Diploma holders. 1 candidate has declared himself illiterate.

Age details of candidates: 84(35%) candidates have declared their age to be between 25 to 40 years while 105 (44%) candidates have declared their age to be between 41 to 60 years. There are 49(21%) candidates who have declared their age to be between 61 to 80 years.

Gender details of candidates: 6(3%) female candidates are contesting in the Jammu & Kashmir assembly election 2024 Phase II.

Recommendations of ADR

To remedy the existing problem of criminalization is to immediately act upon the plausible solutions offered by various committees, civil society and citizens. The Supreme Court of India being the ultimate custodian of “Justice and Rule of Law” should reprimand political parties and politicians for their complete lack of will, reprehensible predilection and absence of required laws.
Permanent disqualification of candidates convicted for heinous crimes like murder, rape, smuggling, dacoity, kidnapping etc.
Disqualification of persons from contesting elections to the public offices against whom charges have been framed for having committed serious criminal offences punishable by imprisonment of at least 5 years, and the case is filed at least 6 months prior to the election in question.
Cancellation of tax exemptions given to the political parties who field such tainted candidates.
Bringing political parties under the Right to Information Act.
De-register and de-recognise any political party if it knowingly puts up a candidate with a tainted background.
Political parties should annually file the information on criminal antecedents of their Office Bearers and make such records available to the public, including NIL records.
Disqualification of candidates furnishing false information in the election affidavit (Form 26).
Ensure trial of cases in which the politicians are accused to be concluded in a time bound manner.
Implementation of SC judgment dated 23^rd September, 2013 (i.e provision of NOTA buttons on the EVMs) in its letter and spirit by ensuring a) if NOTA gets more votes than any of the candidates, none of the candidates should be declared elected, and a fresh election should be held; b) in the fresh election, none of the candidates in the earlier election, in which NOTA got the highest number of votes, should be allowed to contest.
Implementation of the 25^th September, 2018 and 13^th February, 2020 SC orders on 'publication of criminal cases against candidates selected by political parties along with reasons for such selection' in its letter and spirit by directing the Election Commission of India a) to list out names of such tainted candidates selected by the political parties along with such reasons for such selection C8 including diligent publication of reasons in newspapers, T.V channels, party website etc, b) strict and constant reminders by ROs to the defaulters, c) list needs to be religiously prepared and submitted to the Supreme Court after every election, d) uploading of this list on ECI’s website for public inspection, e) a suitably heavy financial penalty levied on political parties for making insufficient disclosures, invalid and common reasons, selection of candidates based on winnability and f) Officer in-charge of a political party pertaining to submission of a compliance report should also be held accountable for such a breach.
The Election Commission of India and all State Election Commissions should make it mandatory in all elections; Parliamentary, Assembly and Local Body elections to carry display boards outside each and every polling booth showing a summarised version of candidates’ affidavits. The polling booths should essentially display details of candidate’s criminal records, assets and liabilities and education qualification.
The Election Commission of India under its ‘Systematic Voters’ Education and Electoral Participation’ (SVEEP) as well as through other national campaigns on voter awareness held before every election should inform and aware the voters that (i) taking and giving cash or gifts/freebies for votes is a criminal offense, (ii) such instances should be brought to the notice of the ECI through its web application, (iii) inform voters that information on criminal records of candidates is available on the ECI website, outside polling booths and other sources that the ECI may use.
Political parties in India should be required to announce/publish the list of candidates contesting elections at least 3 months prior to elections.
Role of money and muscle power is evident from the fact that all major political parties in Jammu & Kashmir Assembly Elections 2024 Phase II have fielded 73% to 100% candidates who are crorepatis and 5% to 33 % candidates who have declared criminal cases against themselves. This close and alarming nexus between money power and muscle power has got so ingrained in our electoral system that the citizens are left hostage to the current situation. Money and muscle power hurt the principles of 'free and fair elections', 'participatory democracy' and 'level playing field'. The present circumstances therefore demand an extensive deliberation by the voters so that sanctity of elections is not ridiculed by tenacious entry of tainted candidates and candidates with abnormal multiplication of assets.