Criminal Cases Against MPs/MLAs : Supreme Court Pulls Up Central Agencies For Delay In Filing Status Reports

A Bench comprising CJI Ramana, Justice Vineet Saran and Justice Surya Kant noted that the Court has been asking for the status report relating to investigations by special agencies in the present case since September 2020, and while the Enforcement Directorate recently filed its report, CBI is yet to file it.

"We have no words now. We can't say anything. We have already on a number of occasions expressed our displeasure. This doesn't work." CJI Ramana said

CJI further told Solicitor General Tushar Mehta,

"You have to understand, when matter started, we asked the Government of India's seriousness. We were assured that Government is very much concerned about Pendency of cases against these politicians and want disposal of these cases. But nothing has happened from your side. There is no progress there, there is no progress here. If for filing status report also they are reluctant, what is that we have to presume?"

The bench also expressed that they read about the status report of ED from the newspaper though the copy of the same was received by the judges much later.

"Everything we have to read from newspapers these days. We are reading these status reports and everything in newspapers. They don't give us a copy. Late evening it comes, we don't know what is happening." CJI remarked.

The Bench also disapproved of the way in which the documents have been filed by the Enforcement Directorate before the Court:

"A bunch of documents have been filed by the ED, which is also not in accordance of the format. You file some random names and case, there is no State- wise or year-wise mentioning. There's no details except the name of the accused and allegation." 

"Mr Mehta, On 10/9/2020, we passed an order asking the parties to furnish the information. Next, it came up on 16/9/2020 when we recorded that SG submitted that status report will be filed with respect of initiation and current stage of investigation, etc before the next date of hearing. Again on 16/10/2020, SG sought further time to submit the status report relating to investigations by special agencies and we granted time. Subsequently, there was the pandemic, and we were unable to take up any of these matters." CJI told the Solicitor General.

Solicitor General Tushar Mehta responded to the Court's remarks by acknowledging that there has been a problem at the Government's end.

"We understand the problem at our end. We are lacking. We filed something yesterday but even I wasn't satisfied with it. We had a meeting yesterday and I was informed of certain shortcomings. I had a word with Director, CBI yesterday and I emphasised the need to immediately place before Your Lordships the steps directed", the SG said.

While urging the Court to grant him one last opportunity, SG Mehta assured that he will personally make sure that all documents are filed by CBI, ED and NIA before the court and in a format that the court will find easier.

"It is not reluctance, maybe lack of coordination. I stand by what I said, we are committed." SG Mehta said.

The Amicus Curiae Senior Advocate Vijay Hansaria also urged the Court to grant some time to SG so all facts could come on record. He submitted that the ED's report is very disturbing, and has shown that cases have been pending for 7-8 years at investigation stage or the cognizance stage.

Before the Court dictated its order, SG Mehta reiterated that the Government is committed to ensuring investigation and prosecution of these elected representatives.

The Bench agreed to grant a time of 2 weeks to SG Mehta to comply with the Court's orders and file a status report relating to the pendency of cases.

The Amicus Curiae through his report informed the Apex Court that no report has been submitted by Union of India on the issue of pending cases with the Central Enforcement Agencies nor on the funding of establishment of video conferencing facilities in the States despite specific orders.

The top Court had in September 2020 asked the Union of India to file a status report with respect to:

• Initiation, current stage of investigation pending against sitting/former legislator (MPs and MLAs) before the CBI, Enforcement Directorate and other central agencies,

• Pendency and grant of sanctions for prosecution

• The expected time for completion of the investigation and reasons for delay in the same.

After multiple extensions were granted, the Court in November 2020 granted one week's time to Union of India to submit the status report. The response of Central Government was also sought regarding the possibility of providing funding for the establishment of at least one video conferencing facility in every district for conducting these cases.

Constitution of a Special Bench:

During the hearing, the Supreme Court indicated that it will constitute a Special Bench to monitor the cases regarding prosecution of MPs and MLAs.

According to the Court, it has not been able to take up the case for a very long period of time, and a Special Bench needs to be constituted to ensure that there is some consistency in the matter.

" This way doesn't work. We are taking up this case after November 2020. We think its better a special Bench is constituted to monitor this case. It doesn't work like this. There has to be consistency in this matter." CJI said.

After the hearing, the bench passed two important directions :

1. No criminal prosecution against legislators must be withdrawn without the prior nod of the High Court of the concerned states.
2. Judges handling cases against MPs/MLAs must continue in their posts until further orders of the Supreme Court, subject to their death or retirement.
   

The present petition was filed in the Supreme Court in 2016 demanding that convicted persons be debarred uniformly from Legislature, Executive and Judiciary.

The plea has sought directions to provide adequate infrastructure to setup Special Courts to decide criminal cases related to People Representatives Public Servants and Members of Judiciary within one year and debar the convicted persons uniformly from Legislature, Executive and Judiciary.

The plea has sought directions to implement the "Important Electoral Reforms" proposed by Election Commission, Law Commission and National Commission to Review the Working of the Constitution;

Further directions have been sought to set minimum qualification and maximum age limit for Legislatures and allow cost of the petition to petitioner.

ICase Title: Ashwini Kumar Upadhyay & Ors vs Union of India & Ors