Criminal cases against MPs, MLAs can be withdrawn only after HC consent: SC
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Bench led by CJI mulls over forming special bench to monitor progress of investigation and trial of criminal cases involving politicians
The Supreme Court on Tuesday questioned the Central government’s commitment towards the speedy trial and prosecution of criminal politicians and directed that a criminal case against an MP or MLA could be withdrawn only after getting the consent of the High Court concerned.
A three-judge Bench led by Chief Justice of India (CJI) N.V. Ramana mulled over forming a special bench to monitor the progress of investigation and trial of criminal cases involving politicians.
The court agreed to several suggestions given by amicus curiae Vijay Hansaria and advocate Sneha Kalita in a report, including a freeze on the transfer of judicial officers trying criminal cases involving lawmakers. The amicus curiae’s report had suggested a minimum tenure of two years for these trial judges.
Videoconferencing facilities
The court accepted Mr. Hansaria and Ms. Kalita’s recommendation to adopt videoconferencing facilities to examine witnesses and for the release of funds to establish and improve virtual court facilities.
It voiced doubts about the government’s resolve to bring criminal politicians to justice. The Bench pointed to how Central agencies such as the Enforcement Directorate have (ED) filed a sketchy affidavit about its cases against sitting and former MPs and MLAs.
“You delay even in filing status reports… This report filed by the ED just mentions some random names and random cases… There are no details about the States or which is the oldest case…” Chief Justice Ramana addressed Solicitor General Tushar Mehta.
“We are committed. There is no reluctance on our part, maybe just a lack of coordination… The government is committed to ensuring speedy investigation and prosecution of elected representatives involved in criminal cases,” Mr. Mehta assured the court.
Last opportunity
The Bench gave the Centre a last opportunity to submit detailed reports on the cases registered by the CBI, ED and other central agencies against MPs and MLAs.
“Despite strict monitoring and directions, the number of pending cases have increased over a period of time. As per the status report filed by High Courts in December 2018, a total number of 4,122 cases were pending, which increased to 4,222 as per the reports filed in March 2020, and further increased to 4,859 as per reports filed in September 2020,” the amicus curiae report highlighted the extent of “criminalisation of politics”.
In September last, the apex court asked the Chief Justices of the High Courts to head special benches and immediately hear long-pending criminal cases against sitting and former legislators.
Criminal trials have been held up, some for decades, because powerful MPs and MLAs had approached the High Courts and got an interim stay. Some date back nearly 40 years. Most are stuck at the stage of framing of criminal charges. These cases range from corruption to money laundering.
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