Supreme Court of India in New Delhi.
| Photo Credit: SUBRAMANIUM S.
The Supreme Court is contemplating an amicus curiae report which has beneficial holding day-to-day and exclusive criminal trials of MPs and MLAs, noting that 5,097 cases are pending against lawmakers throughout the nation.
Of these, greater than 40% — 2,122 cases — have been pending for over 5 years, famous a report submitted by amicus curiae, senior advocate Vijay Hansaria, earlier than a Bench led by Chief Justice of India D.Y. Chandrachud.
“As per report of the Association for Democratic Rights (July 2022), 236 out of 542 Lok Sabha members (44%), 71 out of 226 Rajya Sabha members (31%) and 1,723 of 3,991 State Legislators (43%) have criminal cases against them,” the amicus, assisted by advocate Sneha Kalita, knowledgeable the court docket.
Mr. Hansaria stated that the “large pendency of cases against sitting as well as former Parliamentarians and State Legislators” was a critical challenge.
‘No adjournments’
The report beneficial that State High Courts and Principal Sessions Judges in each district ought to allocate work amongst judicial officers in order that these cases may very well be tried completely on a day-to-day foundation. “No adjournment shall be granted except in rare and exceptional circumstances and for reasons to be recorded,” the report beneficial, including that States ought to appoint not less than two Special Public Prosecutors.
ALSO READ | Criminal cases against MPs, MLAs will be withdrawn solely after HC consent: SC
“In case the public prosecutor and/or the prosecution fail to co-operate in the expeditious trial, the trial court shall send a copy of the order to the Chief Secretary of the State, who will take necessary remedial measures and submit a report,” it instructed.
The bail of the accused needs to be cancelled in the event that they tried to delay the trial, the amicus stated, proposing that first precedence needs to be given to cases coping with offences that are punishable with dying or life imprisonment. Cases involving sitting legislators needs to be given precedence over former legislators, the amicus added.
The apex court docket has scheduled a listening to in July.
