- SC tells high courts to form a special bench for fast disposal of criminal cases against MPs, MLAs
- The court is hearing a PIL that seeks to keep convicted MPs or MLAs away from elections.
- At present, a convicted lawmaker is barred from polls for six years after serving the jail term.
- The Supreme Court issued a slew of directions to set up special benches by chief justices to monitor such cases.
- Criminal cases against lawmakers are tried by a separate court, MP/MLA court, which is attached to district courts.
- Delays in such cases allow lawmakers to complete terms even if they face grave charges, which, if found to be true, can disqualify them and prevent them from contesting elections for a long period of time.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued directions, including prioritizing the cases punishable with the death penalty or life term on a PIL filed by advocate Ashwini Kumar Upadhyay.
The Supreme Court on Thursday directed high courts across the country to constitute a special bench for effective monitoring and expeditious disposal of criminal cases involving MPs and MLAs.
“Today, the Supreme Court has given a historic verdict. The Supreme Court judgment has come with regard to our first prayer. The court has directed all the high courts to constitute a special bench to monitor cases of MPs, MLAs and ensure that these cases are decided within a year,” says Ashwini Upadhyay, advocate and petitioner on Supreme Court issuing a slew of directions to monitor the early disposal of pending criminal cases against MPs and MLAs.
Criminal cases against lawmakers are tried by a separate court, MP/MLA court, which is attached to district courts. Delays in such cases allow lawmakers to complete terms even if they face grave charges, which, if found to be true, can disqualify them and prevent them from contesting elections for a long period of time.
The country’s highest court directed high court chief justices to initiate a suo motu case on the pendency of criminal cases against MP/MLAs and keep a tab on them. The chief justices have also been asked to form a special bench, which they would lead, to carry out this monitoring. Furthermore, the HCs can call upon the advocate general or the public prosecutors to seek assistance on the same.
The court also directed the Principal District Judges (PDsJ) where MP/MLA courts are to give periodical reports to the high courts and also give priority to cases punishable by the death penalty.
The top court was hearing petitions seeking to declare the provisions of the Representation of People (RP) Act, which bar convicted politicians from contesting elections for six years after serving jail term, as ultra vires to the Constitution.
Advocate Ashwini Kumar Upadhyay has filed a PIL, which seeks to bar convicted lawmakers from contesting elections. Upadhyay sought MP/MLA courts and directions to dispose of cases at the earliest.
The court will now hear the part on barring convicted politicians from elections.
(With inputs from agencies)
