SC plans to resolve pending criminal cases against politicians

NP NEWS 24 ONLINE – Supreme court has asked High Court to allocate the pending 4,122 criminal cases against politicians to an adequate number of sessions and magisterial courts for expeditious completion of trials.

The issue came in light when a senior advocate, Vijay Hansaria filed a detail report in SC consisting a list state-wise details pending cases against politicians where he mentioned that 4,122 cases consist of former and sitting MLAs and MPs. Among which 2,324 are from the sitting legislature which is pending since last 3 decade. The list includes Uttar Pradesh recorded 992 cases against legislators, the highest among states —followed by Odisha (331) and Tamil Nadu (321).

The list included the chief minister of Karnataka and Punjab, HD Kumaraswamy and Amarinder Singh.

Last year in May, Lokayukta Police in Karnataka had filed an FIR against Kumaraswamy under  “an offence punishable with life imprisonment” while in 2007, Singh was registered under Prevention of Corruption Act and several provisions of IPC but the trial court is still figuring out the ‘frame of charge’.

The report was submitted to the bench of Chief Justice Rajan Gogoi, SK Kaul and KM Joseph where he also added that out of the 4,122 cases, 1,991 cases charges are yet to figure where on the other hand 430 cases involve offensive punishable with death or life sentence are pending against 180 sitting and former legislature.

Hansaria also suggested of setting up a session and the magisterial court in each of the 440 districts where the cases are pending.

Taking the report under consideration SC has ordered that in spite of designating one session and magisterial court. HC to assign criminal cases involving former and sitting legislators to as many sessions courts and magisterial courts as each HC may consider proper, fit and expedient.

This would be more effective instead of concentrating all the cases involving in special courts in the district and the next priority will be given to the serious offence for imprisonment for 5 and more year.

As a temporary solution, SC set up special fast-track courts to try more than 1,581 cases pending against legislators in 2017.

According to Milan Vaishnav, political book writer 24% of MPs had criminal cases pending against them in 2004 and 12% had serious cases registered against them. By 2014, the numbers had risen to 34% and 21%, respectively.