New Delhi: The Supreme Court on November 9 issued a slew of directions to high courts across the country to enable early disposal of criminal cases pending against members of Parliament and assemblies, including setting up of 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.
The country’s highest court directed high court chief justices to initiate a suo motu case on 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 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.
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