Special courts for trial of criminal cases related to MPs and MLAs heard over 2,000 cases during last year, the Supreme Court informed.
In an affidavit filed by senior advocate Vijay Hansaria, who has been appointed amicus curiae (the person who helps the court by providing information/advice related to law/fact questions) in a PIL seeking immediate solutions to criminal cases against MPs/MLAs, said that more directions are needed for speedy adjudication of pending trials and their investigation under strict monitoring by the respective high courts.
Hansaria highlighted that around 501 candidates with criminal cases are contesting the Lok Sabha polls in the first two phases.
Referring to a report of NGO 'Association of Democratic Reforms for the Lok Sabha elections 2024 Phase I and Phase II,' Hansaria, assisted by advocate Sneha Kalita, said that out of 2,810 candidates (Phase I - 1618 candidates and Phase II - 1192 candidates), 501 (18%) candidates have criminal cases against them, out of which, 327 (12%) are serious criminal cases (punishable with imprisonment of 5 years and more).
"The same was the position in the 2019 Lok Sabha elections in which out of 7928 candidates, 1500 candidates (19%) had criminal cases, out of which 1070 candidates (13%) were serious criminal cases. However, out of 514 elected members of the 17th Lok Sabha (2019-2024), 225 members (44%) had criminal cases against them."
"Thus, the candidates with criminal cases have won more seats than candidates without criminal cases. In this context, it is necessary that this court may pass further orders for expeditious disposal of pending trials and investigation under strict monitoring by the respective high courts," the affidavit cited.
Hansaria, who is assisting the court in the PIL filed by Ashwini Upadhyay for speedy disposal of cases against the lawmakers, said, "It may be noted that given the direction issued by this court in the present proceedings, the steps taken by the respective high courts, and expeditious hearing by the special court MP/MLA, more than 2000 cases have been decided in the year 2023. However, a large number of cases are pending, and many of them are for a long period."
He gave a tabular chart based on the information received from different high courts, under which as of January 1, 2023, there were 4,697 criminal cases against the lawmakers and 2,018 cases were decided last year. The affidavit said 1,746 fresh criminal cases were filed in 2023 against the MPs/MLAs and therefore a total of 4,474 cases remain pending as of January 1, 2024.
"It is thus necessary that the High Court may call for a report from the presiding officers of the Special Court MP/MLA of all those cases which are pending for 3 or more years with reason for long pendency along with a copy of the order sheet of last one year."
"It may be clarified that only a copy of the order sheet is to be sent and not the entire case file so that the trial is not affected. The High Court may thereafter, pass appropriate orders on micro examination of each case with a positive direction that a trial may be completed within one year," he then added.
He sought direction from the apex court for creating a model website on the pattern of the National Judicial Data Grid for uploading real-time information on the progress of the trial of cases against lawmakers.
"For this purpose, this court may constitute a committee under the chairmanship of a sitting Judge of this court. The committee may comprise of Chief Justice/ Judges of some of the high courts, a member of e-Committee, a nominee National Informatics Centre (NIC) and such other persons as this court may think appropriate," the affidavit said.
On micro monitoring of cases pending for over 3 years, Hansaria said that the high courts (Allahabad, Delhi, Punjab & Haryana, Telangana, and Tripura) have monitored the progress of the trial of the cases by passing effective detailed orders, while other high courts have only sought information of the pending cases.
"This court may consider passing appropriate directions so that the high courts in the Suo Motu writ petitions registered in terms of the judgment and order dated November 9, 2023, closely monitor the progress and pass suitable directions wherever necessary," the affidavit said.
On November 9 last year, in a significant verdict aimed at fast-tracking trials in more than 5,000 criminal cases against lawmakers, the top court directed high courts to set up a special bench to monitor cases for their speedy disposal.
It had also asked special courts not to adjourn proceedings in such matters except "for rare and compelling reasons."
Issuing a slew of directions to high courts, district judges, and special courts designated to hear matters related to lawmakers, the top court had directed that criminal cases against members of Parliament, legislative assemblies, and legislative councils be given priority.
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