New Delhi: An amicus curiae report submitted to the Supreme Court has proposed conducting day-to-day and exclusive criminal trials for MPs and MLAs, noting that there are 5,097 cases pending against lawmakers throughout the country.
According to The Hindu, the report compiled by senior advocate Vijay Hansaria, submitted to a bench led by the Chief Justice of India (CJI) D.Y. Chandrachud, said that 40% of the total cases have been pending for more than five years.
The amicus curiae report cites a July 2022 report from the poll monitor Association for Democratic Rights, which states that 236 out of 542 Lok Sabha members (44%) and 71 out of 226 Rajya Sabha members (31%) have criminal cases against them. Out of the 3,991 state legislators in the country, and 1,723 (43%) are facing criminal cases.
Hansaria told the top court the “large number of cases against sitting and former Parliamentarians and State Legislators” is a severe problem. The amicus was assisted by advocate Sneha Kalita, according to The Hindu.
The Supreme Court is considering the amicus curiae’s recommendations in light of the high number of criminal cases against lawmakers. The proposal to hold day-to-day and exclusive criminal trials for MPs and MLAs may be considered as a potential solution to address the issue of the significant backlog of cases.
Other recommendations include the allocation of judicial officers in every district by state high courts and principal sessions judges so that these cases could be tried exclusively on a day-to-day basis. Each state should appoint at least two special public prosecutors for these cases, the report added.
“No adjournment shall be granted except in rare and exceptional circumstances and for reasons to be recorded,” the report suggested, according to The Hindu.
“In case the public prosecutor and/or the prosecution fail to co-operate in the expeditious trial, the trial court shall send a copy of the order to the Chief Secretary of the State, who will take necessary remedial measures and submit a report,” another suggestion notes.
The amicus curiae has suggested that the bail of accused legislators should be cancelled if they try to delay the trial and giving priority to cases in which offences are punishable with death or life imprisonment. Another recommendation is to prioritise cases in which sitting legislators are accused. According to The Hindu, the apex court will hear the matter in July.