A three-judge Bench comprising Chief Justice of India (CJI) Dr D.Y. Chandrachud and Justices P.S. Narashima and Manoj Misra issued a slew of directions to this effect on a public interest litigation filed by Bharatiya Janata Party (BJP) leader and lawyer Ashwini Kumar Upadhyay.
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THE Supreme Court of India has stressed upon early disposal of criminal cases pending against members of Parliament (MPs) and legislative assemblies (MLAs).
On Thursday, the court directed the chief justices of high courts to register a suo motu case with the title In Re: Designated courts for MPs/MLAs to monitor early disposal of criminal cases pending against MPs and MLAs.
A three-judge Bench comprising Chief Justice of India (CJI) Dr D.Y. Chandrachud and Justices P.S. Narashima and Manoj Misra issued a slew of directions to this effect on a public interest litigation filed by Bharatiya Janata Party (BJP) leader and lawyer Ashwini Kumar Upadhyay.
The Bench took note of the data showing that there are as many as 5,175 criminal cases pending against MPs and MLAs as of November 2022.
Of these, cases that have remained pending for more than five years are as many as 2,116. This figure represents 40 percent of all cases pending against MPs and MLAs.
"Confidence and trust of the constituency," the Bench noted, "In their political representation, be it an MP or an MLA, is necessary for an interactive, efficient and effective functioning of parliamentary democracy."
"However, such confidence is difficult to expect when figures, as indicated in the above referred table, loom large in our polity," the Bench noted.
The Bench directed that designated courts should give priority to cases against MPs and MLAs in the following order:
(i) First, to criminal cases punishable with death or life imprisonment.
(ii) Second, cases punishable with imprisonment of up to five years or more.
(iii) Other cases.
"The trial courts shall not adjourn the cases except for rare and compelling reasons," the Bench ordered.
In addition, the Bench directed that the chief justices of high court may list cases in which Orders of stay of trial have been passed before the special Bench to ensure that appropriate Orders, including vacation of stay Orders, are passed to ensure expeditious commencement and conclusion of trial.
"The principal district and sessions judge shall ensure sufficient infrastructure facility for the designated courts and also enable it to adopt such technology as is expedient for effective and efficient functioning," the Bench ordered.
It also directed that every high court should create an independent tab on their website providing district-wise information about the year of filing, number of subject cases pending and stage of proceedings of cases against MPs and MLAs.
In March this year, a group of 14 opposition parties had knocked on the door of the Supreme Court flagging the issue of law enforcement agencies, namely the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED), being deployed against members of Opposition political parties and citizens exercising their fundamental right to dissent and disagree with the present Union government.
Refusing to entertain the petition, a division Bench comprising the CJI and Justice J.B. Pardiwala had noted that politicians do not enjoy greater immunity than ordinary citizens. It had also added that it could not issue sweeping guidelines in abstract.
A September 2023 report by Association for Democratic Reforms reveals that 40 percent of sitting MPs have criminal cases pending against them and 25 percent have serious criminal cases pending against them.
Party-wise, 139 (36 percent) MPs of the BJP, 43 (53 percent) MPs of the INC, 14 (39 percent) MPs of the All India Trinamool Congress and 13 (42 percent) MPs of the Yuvajana Sramika Rythu Congress (YSRCP) Party have pending criminal cases.
The corresponding numbers for Rashtriya Janata Dal are 5 (83 percent), for Communist Party of India (Marxist) are 6 (75 percent), for Aam Aadmi Party are 3 (27 percent) and for Nationalist Congress Party are 3 (38 percent).
Eleven MPs have charges related to murder against them. Seven of them are from the BJP, including two ministers of state for home affairs Ajay Mishra Teni and Nisith Pramanik; and Pragya Singh Thakur, representing Bhopal constituency. Two MPs with charges related to murder against them are of the INC, and one each of (YSRCP) and Bahujan Samaj Party (BSP).
Thirty-two sitting MPs have charges of attempt to murder pending against them. Twenty-four of them are of the BJP, including BJP general secretary Subrat Pathak, Wrestling Federation of India president Brij Bhushan Sharan Singh, who was in the news earlier this year after multiple women athletes accused him of sexual misconduct and harassment, and minister of state for external affairs and parliamentary affairs Vellamvelly Muraleedharan.
Lakshadweep MP and NCP leader Mohammed Faizal P.P. has also been convicted in an attempt to murder case.
On March 23 this year, Indian National Congress (INC) leader Rahul Gandhi was convicted for saying, "How are the names of all these thieves Modi, Modi, Modi— Nirav Modi, Lalit Modi, Narendra Modi— and if you search a little, more Modi's will spill out?" at a rally in Karnataka during the campaign for the 2019 Lok Sabha elections.
The case had remained in abeyance for more than a year before his conviction and disqualification from Lok Sabha.