With nearly 5,000 criminal cases pending against sitting and former MPs/MLAs, the Supreme Court has been urged to ensure fast-track trials. Senior advocate Vijay Hansaria highlighted that politicians misuse their power to delay investigations, with some cases dragging on for decades. A recent affidavit revealed that 251 Lok Sabha MPs face criminal charges, including 170 serious cases. The Supreme Court’s intervention is now crucial to uphold justice and democracy.
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NEW DELHI: With almost 5,000 pending cases against both current and former Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs), the Supreme Court has been urged to give clear directions for speedy disposal of these cases.
A new affidavit has been submitted by senior advocate Vijay Hansaria, who has been appointed as amicus curiae (a legal expert assisting the court) in a Public Interest Litigation (PIL). This PIL seeks fast-track hearings of criminal cases against MPs and MLAs. The affidavit highlighted that lawmakers have significant influence over investigations and trials, causing delays in case conclusions.
“It is submitted that despite orders by this court from time to time and monitoring by the high court, a large number of cases are pending against the MPs and MLAs, which is a scar on the democratic setup of our country. The pendency of a large number of cases, some of them for decades, shows that the legislators have great influence on the investigation and/or trial of cases against them, and the trial is not allowed to be concluded,”
-stated Hansaria’s affidavit.
The matter will be heard on Monday by a Bench of Justices Dipankar Datta and Manmohan. This is part of the PIL filed in 2016 by Ashwini Upadhyay, demanding a lifetime ban on convicted politicians.
Hansaria’s affidavit, filed through advocate Senha Kalita, revealed that 4,732 criminal cases are still pending against lawmakers. Among these, 892 cases were registered in 2024, based on data from January 1, 2025.
Citing a report by the Association of Democratic Reforms (ADR), Hansaria stated that 251 out of 543 Lok Sabha MPs are facing criminal charges. Of these, 170 cases are classified as serious criminal cases, meaning they involve punishments of five years or more in prison.
Hansaria pointed out several reasons for the delays in trials. He said that courts assigned to handle MPs and MLAs’ cases are also engaged in regular court duties, which slows down their trials. He explained that only a few states have special courts exclusively for MPs and MLAs.
In many cases, the accused fail to appear before the court on the scheduled date, and authorities are not delivering summons to witnesses on time. He added that the prosecution has not been taking serious steps to ensure witnesses are present in court when required.
Another key issue is that trial courts are often too lenient in granting adjournments, despite the Supreme Court’s direction that
“the trial court shall not adjourn cases except for rare and compelling reasons.”
The affidavit further mentioned,
“It is submitted that the orders passed by various high courts in the suo motu writ petition shows that there is no substantial progress in the trial of cases. It is thus necessary that this court may pass further directions to ensure expeditious disposal of cases against MPs/MLAs.”
This ongoing issue remains a serious concern for democracy, as delayed justice allows lawmakers accused of crimes to continue in power without consequences. Now, the Supreme Court’s intervention is expected to bring about faster resolution of these cases.
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