Hasten MP, MLAs' criminal trials, says Supreme Court

  • Hasten MP, MLAs' criminal trials, says Supreme Court

Hasten MP, MLAs' criminal trials, says Supreme Court

The Supreme Court sought the EC its stand on the lifetime ban from electoral politics for politicians found guilty in a criminal case, and the poll panel seemed only too happy to say that it supported such a ban.

In addition, the court wished to know data on fresh cases instituted against any MP/MLA after the March 2014 decision and whether these were disposed of within the one-year deadline as proposed by the court.

Justice Gogoi said that the under-trial politicians hold office because they do not get convicted even after years of ongoing trial.

He said that recommendations of the Election Commission of India (ECI) and the Law Commission favouring life-time disqualification of politicians convicted in criminal cases was under the "active consideration" of the Centre.

The matter has now been listed for December 13, 2017.

The issue for imposing a lifetime ban for convicted MPs, MLAs from contesting polls came before the Supreme Court after Bharatiya Janata Party (BJP) leader Ashwani Upadhyay filed a PIL seeking a lifetime ban on MPs, MLAs from contesting elections.

As of now, a person, on conviction, is debarred from contesting any elections for the period of his or her prison sentence and six years thereafter.

The court also asked the Union government about the 1,581 cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) as declared by the politicians at the time of filing their nominations for the 2014 elections.

It also sought details of how many of all these cases had been disposed of within a year of they being filed. You are the Election Commission of India, and here is a citizen of India who has come here to seek lifetime debarment of convicted persons.

The apex court said that inadequate infrastructure in the courts was resulting in pendency and said that Parliament should pass laws and create fast-track courts for speedy disposal of such cases against the lawmakers. Same time you say states have to set up...

Three years after ruling that trial proceedings in cases of corruption and serious crimes against elected representatives must be completed in a year, the Supreme Court has chose to examine if its order has been implemented and asked for data on cases disposed of within the time limit. "What are the reasons for it", a bench of Justices Ranjan Gogoi and Navin Sinha said.

When the bench said these special courts would deal exclusively with criminal cases involving politicians, the Centre asked whether these courts could be combined with the special CBI courts which already exist across the country.

Criminalisation of politics and influence of money and muscle power have been the bane of Indian democracy and remain the major stumbling blocks in the path of political reforms.