SC asks Centre to prepare scheme for 'special courts' to deal with cases involving politicians

NEW DELHI: The Supreme Court on Wednesday asked the Centre to frame a scheme to set up 'special courts' for the speedy trial of cases pending against MPs and MLAs.

The top court said this after the Centre indicated that it was not averse to creating such courts.

A bench of Justices Ranjan Gogoi and Navin Sinha said that existing courts were already overburdened and that it was not possible to hear and decide cases against lawmakers within the stipulated time of one year fixed by it in 2015. It said that on an average, 4,200 cases are handled by each of the 17,000 subordinate courts, and that there was an urgent need to set up special courts to implement its order.

The court also said that the state be exempted from setting up the courts due to issues of availability of funds. Instead, it said the Centre must pitch in and granted it six weeks to frame the scheme.

"A Scheme to give effect to the above may be laid before the Court on the next date fixed indicating the amount of funds that can be earmarked for setting up of special courts where-after the issue of appointment of judicial officers, public prosecutors, court staff and other such requirement of man-power and infrastructure (which would depend on the availability of funds from the Central Government) will be dealt with by the Court, if required, by interacting with the representatives of the respective state governments," the bench said.

The court passed the order after additional solicitor general ANS Nadkarni told the bench that the Centre was not averse to setting up such courts. He, however, contended that it was for the state government to set up additional courts as the issue comes within their jurisdiction.

Not satisfied with his excuse, the bench said, "On the one hand you are making commitment but on the other hand you are washing your hands of it. You can set up special court under central schemes. It is in the interest of the nation and you have enough resources."

These courts will be created on the lines of fast-track courts for the swift handling of cases against elected representatives, reported ANI.

The Centre, however, refused to take a stand on a proposed life-ban on convicted elected representatives and instead told the court that the issue was "under consideration."

The apex court also asked the government to share with it information on how many of the 1,581 cases involving MPs and MLAs, as per data from 2014, had been disposed of within one year, and how many had ended in conviction and acquittal, reported PTI.

It also sought details of the criminal cases lodged against politicians between 2014 and 2017.

The Election Commission (EC) had today told the SC that MPs and MLAs convicted in criminal cases must be banned from contesting elections for life, to curb the "growing criminalisation of politics" in the country.

The Commission clarified its stand after the court raised the issue of how the EC could remain silent on such an important issue.

The Centre, however, refused to take a stand on the issue and told the bench that the matter was under consideration and the government was examining the recommendations of Law Commission and EC. The additional solicitor general said that there had not been a single case where a convicted lawmaker had entered a legislative body after completion of sentence.

The petitioners, however, countered his stand saying that Phoolan Devi had become MP after completing her jail term.

If implemented, this ban will replace the current six-year bar on convicted lawmakers from contesting polls. According to the petitioners in the matter, the provision of the present Representation of the People (RP) Act is unconstitutional.

Their assertion is that since the members of the executive and judiciary convicted in criminal cases face termination of employment and are barred from the profession for life, the same should apply to members of legislative bodies.

https://timesofindia.indiatimes.com/india/sc-asks-centre-to-prepare-scheme-for-special-courts-to-try-cases-involving-politicians/articleshow/61406112.cms