Criminal Cases Pending Trials Against MPs/MLAs; Amicus Submits 16th Report In Supreme Court.
(Judicial Quest News Network)
The Amicus Curie has submitted its report In Supreme Court in Criminal Cases pending Against the MPs/MLAs (Sitting and Former MPs & MLAs) awaiting trial before various sessions and magistrate courts across the country.
Senior Advocate and Amicus Curie Vijay Hansaria and his associate Sneha Kalita submitted that
despite a series of directions by this Hon’ble Court and continuous monitoring, as many as 4984 cases are pending out of which 1899 cases are more than 5 years old. It may be noted that the total number of cases pending as on December 2018 were 4110; and as on October 2020 were 4859. Even after disposal of 2775 cases after 04.12.2018, the cases against MPs/MLAs have increased from 4122 to 4984. This shows that more and more persons with criminal antecedents are occupying the seats in the Parliament and the State Legislative Assemblies.
The Amicus submitted that the reports furnished by the High Courts revealed that the number of pending cases has increased from 4122 cases in December 2018 to 4859 cases in October 2020.
The petition was filed by BJP Leader and AOR Ashwini Kumar Upadhyay in 2016 seeking the establishment of special courts to try criminal cases against law makers. The plea also prayed for debarment of convicted persons from the legislature and the executives.
The Amicus further submitted that
This Shows That More And More Persons with Criminal Antecedents Are Occupying the Seats In The Parliament And The State Legislative Assemblies. It Is Of Utmost Necessity That Urgent And Stringent Steps Are Taken For Expeditious Disposal Of Pending Criminal Cases.
The Amicus now in its 16th report seeks the following directions from the court
A. The Courts dealing with cases against MPs/MLAs will exclusively try these cases. Other cases would be taken up only after trials of such cases are over. The trial would be conducted on a day to day basis in terms of section 309 Cr.P.C. Necessary allocation of work would be made by the High Court and/or the Principal Sessions Judges of every district within two weeks.
B. Both the prosecution and defence shall cooperate with the trial of the case and no adjournment shall be granted. In case, the public prosecutor and/or the prosecution fail to co-operate in the expeditious trial, the matter shall be reported to the Chief Secretary of the State who will take necessary remedial measures. In case, the accused delays the trial, his bail shall be cancelled.
C. The trial court shall send a report on each of the cases where trial has been pending for more than five years before the respective High Courts, as to the reasons for delay and suggest remedial measures. The High Court shall consider these reports on the judicial side in the suo motu writ petitions registered in terms of para 18 of the order dated 16.09.2020 and pass appropriate orders to remove the stagnation of trial.
D. The Central Government will provide funds for ensuring smooth functioning of Courts through virtual mode i.e., by facilitating availability of video conference facilities. The High Courts shall submit a proposal to the Law Secretary of the Government of India in this regard as to the funds required, which shall be made available by the Central Government within two weeks of the proposal. The funds so released by the Central Government will be subject to final adjustment with the State Government as per sharing pattern.
E. A Monitoring Committee may be constituted, headed by a former Judge of the Supreme Court or Chief Justice of a High Court to monitor the investigation of cases pending before the Enforcement Directorate, Central Bureau of Investigation and National Investigation Agency in terms of submission recorded in the order dated 25.08.2021.
F. The trial courts may be directed to pass a specific order in all pending cases 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.
