Special courts for trial of criminal cases related to Members of Parliament and Members of Legislative Assembly decided more than 2,000 cases in 2023, the Supreme Court has been informed.
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NEW DELHI: More than 2,000 cases related to Members of Parliament and Members of Legislative Assembly were decided in 2023, according to information presented to the Supreme Court, revealed a recent affidavit filed by senior advocate Vijay Hansaria, who serves as amicus curiae in a Public Interest Litigation (PIL) advocating for the swift resolution of criminal cases involving MPs and MLAs.
Hansaria emphasized the need for additional directives to expedite the adjudication of pending trials and investigations, stressing the importance of strict monitoring by the respective high courts. He pointed out that the upcoming Lok Sabha elections present a critical juncture, with approximately 501 candidates facing criminal charges vying for seats in the first two phases alone.
Citing a report by the NGO ‘Association of Democratic Reforms’ regarding the 2024 Lok Sabha elections, Hansaria, assisted by advocate Sneha Kalita, highlighted alarming statistics. Out of a total of 2,810 candidates across both phases, 501 candidates (18%) had criminal cases registered against them, with 327 (12%) involving serious offenses punishable by imprisonment of five years or more.
“The scenario mirrors that of the 2019 Lok Sabha elections, where 19% of the 7,928 candidates faced criminal charges, including 13% with serious criminal cases,”
-Hansaria noted.
“Interestingly, out of the 514 elected members of the 17th Lok Sabha, 44% had criminal cases against them, underscoring the urgency for expeditious resolution of such cases.”
Hansaria’s affidavit underscored the disconcerting trend wherein candidates with criminal backgrounds often secure electoral victories.
“It is imperative for the court to issue further directives to ensure the prompt disposal of pending cases and thorough investigations, all under the vigilant oversight of the respective high courts,”
-he stressed.
Drawing attention to the progress made thus far, Hansaria highlighted that the intervention of the Supreme Court, coupled with proactive measures by the high courts and the efficient functioning of special courts for MPs/MLAs, led to the resolution of over 2,000 cases in 2023. However, he cautioned that a substantial number of cases remain pending, with many languishing for extended periods.
Providing concrete data, Hansaria presented a tabular chart compiled from information provided by various high courts. As of January 1, 2023, a staggering 4,697 criminal cases involving lawmakers were on record, with 2,018 cases successfully adjudicated the previous year. This statistical snapshot underscored the magnitude of the challenge and the pressing need for sustained judicial intervention and oversight.
“The affidavit revealed that 1,746 new criminal cases were filed against MPs/MLAs in 2023, bringing the total pending cases to 4,474 as of January 1, 2024,”
-stated Hansaria, emphasizing the persistent challenge of pending trials.
Among the states, Uttar Pradesh’s special courts led in adjudicating cases, resolving 766 out of 1,300 cases as of January 1, 2023. Meanwhile, Delhi disposed of 103 out of 105 cases by the end of the year, showcasing significant progress in case resolution.
Highlighting the performance of certain states, Hansaria noted that Maharashtra settled 232 out of 476 cases, while West Bengal concluded 13 out of 26 cases, Gujarat resolved 30 out of 48 cases, Karnataka handled 150 out of 226 cases, Kerala managed 132 out of 370 cases, and Bihar tackled 171 out of 525 cases by the specified date.
“While progress has been made in resolving cases, a substantial number still linger in the trial phase,”
-Hansaria remarked, advocating for High Court intervention to address prolonged delays. He proposed that High Courts solicit reports from the presiding officers of Special Courts regarding cases pending for three or more years, accompanied by a copy of the order sheet from the last year to facilitate micro-examination.
To enhance transparency and accountability, Hansaria urged the apex court to establish a model website akin to the National Judicial Data Grid for real-time updates on the progress of cases against lawmakers. He suggested the formation of a committee, chaired by a sitting Judge, comprising Chief Justices/Judges of several High Courts, members of the e-Committee, a representative from the National Informatics Centre (NIC), and other relevant stakeholders.
Regarding the monitoring of cases pending for more than three years, Hansaria noted varying levels of scrutiny among High Courts, with some issuing detailed monitoring orders while others merely seeking information on pending cases.
He recommended that the apex court issue directives for proactive monitoring in line with its previous judgment of November 9, 2023, which instructed High Courts to establish special benches for expediting trials and directed special courts to avoid unnecessary adjournments.
The November 9 verdict, a landmark decision aimed at expediting trials in over 5,000 criminal cases involving lawmakers, instructed High Courts to establish special benches for close monitoring. Additionally, it mandated special courts to minimize adjournments unless absolutely necessary, underscoring the importance of prioritizing cases against members of Parliament, legislative assemblies, and legislative councils.
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