Nearly 1000 Cases Against MPs/MLAs Pending For Over 5 Years : Amicus Seeks Special Directions From Supreme Court For Speedy Trial
In a PIL seeking life-time ban on convicted politicians, Amicus Curiae, Senior Advocate, Mr. Vijay Hansaria, in his latest affidavit (17th Report) apprised the Bench that 962 cases pertaining to MPs/MLAs are pending for a period in excess of 5 years, as per information received from 16 High Courts. It appears that High Courts of large states like Uttar Pradesh, Rajasthan, Bihar, Telangana are...
In a PIL seeking life-time ban on convicted politicians, Amicus Curiae, Senior Advocate, Mr. Vijay Hansaria, in his latest affidavit (17th Report) apprised the Bench that 962 cases pertaining to MPs/MLAs are pending for a period in excess of 5 years, as per information received from 16 High Courts. It appears that High Courts of large states like Uttar Pradesh, Rajasthan, Bihar, Telangana are yet to file their affidavits. High Courts in Chhattisgarh, Himachal Pradesh, Meghalaya, Sikkim UT of Jammu and Kashmir and Ladakh have also not filed affidavits in this regard. As per the report, the UT of Lakshadweep has not furnished the requisite information.
On the last date of hearing (10.10.2022), the Apex Court had directed all the High Courts to file an affidavit before it, indicating the number of criminal cases pertaining to MPs/MLAs pending for a period in excess of 5 years and explaining the steps taken to ensure expeditious conclusion of these trials. 4 weeks' time was granted to file the affidavit.
The petition was filed by advocate Ashwini Upadhyay, seeking expeditious disposal of criminal cases against MPs and MLAs pending investigation and/or trial in various Courts. One of the limbs of the said writ petition is the challenge to the vires of Section 8 of the Representation of Peoples Act to the extent it bars persons from contesting elections only for a period of certain years on being sentenced for the specified offences.
From time to time, the Court has passed a series of orders for creating Special Courts to try the cases against sitting and former MPs/MLAs. The Apex Court, thereafter, had been monitoring the expeditious disposal of these criminal cases.
Pursuant to the order dated 10.10.2022, the data received by the Amicus (till 12.11.2022) from 16 out of 25 High Courts, depicts as under -
Orissa seems to have the largest number of such cases i.e. 323 cases which are pending for more than 5 years. Orissa is followed by Maharashtra with 169 cases. In the rest of the States the number of criminal cases against MPs/MLAs pending for over 5 years are either in double-digits or single digit. Nagaland, Mizoram, Tripura, Andaman and Nicobar, Dadar and Nagar Haveli do not have a single criminal case pertaining to MPs/MLAs pending beyond 5 years. Chandigarh, Arunachal Pradesh and Manipur each have one such case pending for over 5 years.
As per the affidavit filed by the Amicus, data regarding the total number of pending cases categorised in time-frames as in December 2021 is as under -
a. Total number of cases pending trail : 4984
b. Cases pending for more than five years : 1899
c. Cases pending between two to five years:1475
d. Cases pending for less than two years : 1599
e. Disposal of cases after 04.10.2018 : 2775
The Amicus noted that even though a series of directions have been passed by the Apex Court, a large number of criminal cases are pending against the MPs/MLAs and many are pending for more than 5 years. In view of the same, the Amicus beseeches the Court to pass the following directions:
- The Courts dealing with cases against MPs/MLAs shall exclusively try these cases. The cases should be heard on a day to day basis in terms of Section 309 CrPC. Accordingly, the allocation of the work to be made within two weeks.
- No adjournment to be granted except under exceptional circumstances.
- Prosecution and defense ought to co-operate so there are no adjournments.
- Two Special Public Prosecutors to be appointed in the Special Courts. If the Public Prosecutor cannot contribute to expeditious trial, a copy of the order to be sent to the Chief Secretary of the State.
- If the accused delays the process their bail shall be cancelled.
- Special Courts will give priority to the trial of cases in the following order:
i. Offences punishable with death/ life imprisonment; ii. Offences punishable with imprisonment for 7 years or more; iii. Other offences. - Cases involving sitting legislators to be given priority over former legislators.
- Forensic laboratories will give priority in furnishing the report in respect of cases being tried by the Special Courts and will submit all pending reports within one month.
- The SHO of the concerned police station shall be personally responsible to ensure production of accused persons before the respective courts on the dates fixed and the execution of NBWs issued by the courts. They shall also be responsible for service of summons to the witnesses and their appearance and deposition in the court. In case of failure to ensure appearance of accused and witnesses, the respective Courts may send a report to the Superintendent of Police of the district who shall furnish a report to the Court
- Courts will use technology of video conferencing for examination of witnesses and appearance of the accused persons, to the extent possible.
- The trial courts shall ensure that the benefit of the Witness Protection Scheme 2018 has been made available to the witnesses in terms of the order dated 04.11.2020.
[Case Title: Ashwini Kumar Upadhyay v. UOI W.P.(C) No. 699/2016]