New Delhi: In 2023, special courts dedicated to handling criminal cases involving Members of Parliament (MP) and Members of Legislative Assembly (MLA) resolved over 2,000 cases, according to a report submitted to the Supreme Court.
Senior advocate Vijay Hansaria, serving as amicus curiae in a public interest litigation (PIL) for the swift resolution of criminal cases against MPs and MLAs, submitted an affidavit stating the need for additional directives to ensure the rapid conclusion of ongoing trials and investigations. This call for action is underscored by the fact that approximately 501 candidates facing criminal charges are competing in the initial two phases of the Lok Sabha elections.
The affidavit cites a study by the ‘Association of Democratic Reforms’ covering the first and second phases of the 2024 Lok Sabha elections, revealing that out of 2,810 candidates, 501 (18 per cent) have criminal allegations against them, with 327 (12 per cent) facing serious charges that could lead to imprisonment of five years or more. Comparatively, in the 2019 Lok Sabha elections, 19 per cent of the 7,928 candidates had criminal cases, and 13 per cent had serious charges. Of the 514 members elected to the 17th Lok Sabha (2019-2024), 225 (44 per cent) had criminal cases, indicating that candidates with criminal backgrounds were more likely to win seats than those without.
Hansaria emphasises the importance of the court issuing further orders for the prompt resolution of pending trials and investigations, which should be rigorously overseen by the respective high courts.
Despite the resolution of more than 2,000 cases in 2023, facilitated by the high courts’ actions and the special court MP/MLAs expedited hearings, a significant number of cases remain unresolved, some for extended periods. A table provided by Hansaria, based on data from various high courts, shows that as of January 1, 2023, there were 4,697 criminal cases against lawmakers, with 2,018 cases concluded in the previous year. Additionally, 1,746 new criminal cases were filed in 2023, leaving a total of 4,474 cases pending as of January 1, 2024.
The special courts in Uttar Pradesh resolved the most cases, adjudicating 766 out of 1,300. Delhi managed to close 103 out of 105 cases by the end of 2023. Other major states like Maharashtra, West Bengal, Gujarat, Karnataka, Kerala, and Bihar also made significant progress in resolving cases against MPs and MLAs.
However, Hansaria notes that despite the progress, many cases are still awaiting trial. He suggests that the High Court should request reports from the presiding officers of the Special Court MP/MLA for cases pending for three years or more, including reasons for the delay and a copy of last year’s order sheet. The High Court should then conduct a detailed review of each case, aiming to complete trials within one year.
Hansaria proposes that the apex court establish a model website similar to the National Judicial Data Grid to provide real-time updates on the progress of trials involving lawmakers. He recommends forming a committee led by a sitting Judge of the Supreme Court, including Chief Justices or Judges from high courts, a member of the e-Committee, a representative from the National Informatics Centre (NIC), and other suitable individuals.
Regarding cases pending for over three years, Hansaria points out that some high courts have effectively monitored the trials by issuing detailed orders, while others have merely requested information on pending cases.
He urges the Supreme Court to issue directives ensuring that high courts closely monitor the progress of trials and issue necessary orders, as per the judgment and order dated November 9, 2023. On that date, the Supreme Court delivered a landmark decision to accelerate the trials of over 5,000 criminal cases against lawmakers, instructing high courts to establish a special bench for monitoring and prioritising the speedy resolution of these cases. The Supreme Court also directed that special courts should avoid adjourning proceedings except in exceptional circumstances. This comprehensive directive aims to prioritise criminal cases involving members of Parliament, legislative assemblies, and legislative councils.