UP Tops List In Sitting Legislators Accused Of Heinous Crimes; Ex-MPs, MLAs Face Trial in 4442 Cases PAN India: SC Told

The Supreme Court has been informed that criminal cases pending against sitting & former MLA's and MPs are 4442 in number. There are 2556 accused persons amongst the sitting legislators. 

The amicus curiae has acted on a direction by the top court in the PIL filed by Ashwini Kumar Upadhyay seeking speedy disposal of criminal cases against both former MPs & MLAs, whereby the High Courts across the country were directed to compile a list of criminal cases against former and present legislators.

Filed on behalf of Senior Advocate Vijay Hansaria and Advocate Sneha Kalita, the Amicus has stated, "There are total 4442 cases pending against MPs/ MLAs (sitting and former) in different courts including Special Courts for MPs and MLAs. In 2556 cases sitting legislators are accused persons. The number of legislators involved are more than total number of cases since there are more than one accused in one case, and the same legislator is an accused in more than one case". It is stated that in a large number of cases, non-bailable arrest warrants issued by the trial courts were yet to be issued and in many instances, they were yet to be executed by the trial court.

The submission stipulates that in Uttar Pradesh, there are 1217 pending cases, out of which in 446 cases sitting legislators are accused. 35 of the sitting legislators and 81 of the sitting legislators are accused of heinous crimes which are punishable with a life term. UP tops the list.

"Trial in 85 cases has been held up due to stay granted by higher courts. One Special Court was constituted at Allahabad in terms of the directions issued in present case. Presently, the said Special Court is trying cases relating to incidents in adjoining 12 districts"

UP is followed by State of Bihar with 73 cases relate to offence punishable with life imprisonment out of which 30 cases are against sitting legislators and 43 against former legislators.

In Maharashtra, there are total 330 pending cases, out of which in 222 sitting legislators are accused, 31 cases relate to offence punishable with life imprisonment out of which 17 cases against sitting legislators and 14 against former legislators.

In Orissa, there are 331 cases, out of which in 220 cases sitting legislators are accused out of which 32 cases relate to offence punishable with life imprisonment and 10 cases against sitting legislators and 22 against former legislators.

In Madhya Pradesh There are 184 cases, out of which in 125 cases sitting legislators are accused, 31 cases are those which are punishable with life imprisonment out of which 12 cases against sitting legislators and 19 against former legislators.

In Andhra Pradesh, There are 106 cases and all are pending before one Special Court, Vijaywada. "In 85 cases sitting MPs/ MLAs are accused. However, the number of legislators involved are more than total number of cases since there are more than one accused in one case. The said case relates to an offence under section 188 IPC punishable with imprisonment for 2 years," it states.

In West Bengal, there are total 131 pending cases, out of which in 101 cases sitting legislators are accused. 

The Amicus states that "it appears from the report that in most of the cases charges have yet not been framed, as against the column of date of framing charge it has been stated as 'Nil', even when the cases relate to incidents of as far back as 1981"

In Karnataka 53 cases relate to offences punishable with life imprisonment, out of which 27 cases against sitting legislators and 26 against former legislators.

In Kerala, there are 333 cases, out of which in 310 cases sitting legislators are accused. 

In Assam, there are 35 cases pending, out of which in 25 cases sitting legislators are accused out of which 12 cases relate to offences punishable with imprisonment for life, out of which 8 are against sitting legislators.

In Delhi, there are 87 cases pending before two Special Courts one each at sessions (25) and magisterial level (62). 118 legislators (87 sitting and 31 former) are accused in these cases.

In Punjab, there are 35 cases, out of which in 21 cases sitting MPs/ MLAs are accused. 

In Jharkhand, there are 142 cases, out of which in 86 cases sitting legislators are accused. 

There are 89 cases pending, out of which in 69 cases sitting MPs/ MLAs are accused persons out of which 8 cases are offences are punishable with life imprisonment. 

In Telangana, there are 118 cases and in 107 sitting legislators are accused persons. Al these cases are pending before one Special Court at Hyderabad.

In Rajasthan, there are 49 pending cases, out of which 17 legislators are accused. There are 4 cases which relate to offences punishable with life imprisonment, and all of them are against former legislators and so on.

In Chattisgarh, there are 21 cases pending out of which in 13 cases sitting MLAs are accused. 

In Uttarakhand, there are 20 cases and in 16 cases sitting legislators are accused persons.

In Goa, There are total 12 cases, out of which in 10 cases sitting legislators are accused.

In Manipur, there are 15 cases out of which in 10 cases sitting legislators are accused. 

In Mizoram, there are 4 cases against three sitting legislators, out of which two are punishable with life imprisonment and two other with imprisonment of 10 years.

Apart from the above, details of other States have not been furnished since there are few cases and there are no issues to be specifically brought to the notice of this Hon'ble Court.

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