Rise in pending criminal cases against lawmakers, Maharashtra tops

NEW DELHI: Reports from high courts on pendency of criminal cases against sitting and former MPs and MLAs showed a 21% increase in three years from 4,122 in December, 2018 to 4,984 in December, 2021.
Collating the statistics received from the HCs and giving his suggestions on the way forward to the Supreme Court, amicus curiae and senior advocate Vijay Hansaria said as many as 1,899 cases are pending for more than five years, 1,475 between 2-5 years and 1,599 for less than two years. After October 2018, the fast-track MP/MLA courts have disposed of 2,775 such cases.
Seven major high courts did not furnish any information about the states/UT concerned - Uttar Pradesh, Rajasthan, Bihar, Telangana, Chhattisgarh, Himachal Pradesh and J & K (UT).
However, Hansaria mentioned that as many as 106 criminal cases were registered against UP strongman Ateeq Ahmed between 1979 and 2019, of which 17 involved murder charges, 12 under UP Gangster Act and eight under UP Goonda Act. Given his criminal activities even while being lodged in a UP jail, the SC had in 2019 ordered his shifting to a Gujarat jail.
The amicus curiae's report, filed through advocate Sneha Kalita, stated that Maharashtra registered the highest number of criminal cases (482) against present and former elected representatives. Of these 169 are pending trial for more than five years. On a PIL filed by Ashwini Upadhyay alleging that the present and former elected representatives use money and muscle power to delay trial, the SC had fast-tracked the proceedings and appointed amicus curiae to help in monitoring the progress in trials.
Odisha is a surprise second with 454 criminal cases against sitting and former MPs and MLAs. Pendency of as many as 323 such cases for more than five years reflected the fact that the trial proceedings are going at snail's pace.
Other states with huge pendency of such cases include Kerala (384), Madhya Pradesh (329), Tamil Nadu (260), West Bengal (244), Karnataka (221), Jharkhand (198), Delhi (93), Andhra Pradesh (92) and Punjab (91).
In its status report, CBI informed that 121 cases are pending trial against 14 sitting MPs and 37 former MPs. Similarly, the agency has filed chargesheets against 34 sitting MLAs and 78 former MLAs. In 58 of the cases, the charges are punishable with life imprisonment.
The Enforcement Directorate informed the amicus curiae that as many as 51 MPs and ex-MPs are facing PMLA cases of which 28 cases are still under investigation. As many as 71 MLAs/MLCs are accused in PMLA cases, it said. The NIA said it is investigating four such cases of which two are against sitting lawmakers.
Hansaria suggested that the special courts set up to expeditiously try cases against sitting and former MPs/MLAs must not be saddled with other cases, which could be taken up after completing the trial in the cases for which they have been set up. He also suggested that except in rare and exceptional circumstances, these courts must not grant any adjournment.