Supreme Court: According to the information received by the Supreme Court from all the High Courts, there are 4,442 criminal cases against leaders in the country and out of these, 2,556 cases are pending against the sitting MPs and MLAs. On petitions filed for speedy disposal of pending criminal cases against elected representatives in Parliament and Legislative Assemblies, the Court directed the Registrar General of all High Courts to present details of such pending cases. Also Read – Strict CM Yogi against corruption in UP, suspended two SPs in two days
Senior advocate Vijay Hansaria, who is playing the role of amicus curiae in this case, has compiled the details from all the high courts and submitted his report to the apex court. This report states, “The report given by all the High Courts shows that a total of 4,442 such cases are pending, out of which 2,556 are the current MP-MLA accused.” Hearing of 352 of these cases has been stopped due to the stay order of the higher courts. ” Also Read – Strict action of CM Yogi, suspended due to Prayagraj’s SSP for these reasons
A 25-page affidavit submitted in the court states that of these 2,556 elected representatives are accused. The number of representatives involved in these cases is more than the cases because more than one such elected representative is involved in one case while the same representative is accused in more than one case. Also Read – UP: Legislative Council member Shriram Singh Yadav dies of Corona virus infection
The report was filed on the order given by the court on the PIL of BJP leader and advocate Ashwini Upadhyay. Hansaria has also submitted a list of cases in his affidavit as per the states where the adjournment orders of the higher courts have stopped hearing the cases. Has gone.
According to the report, the hearing of 352 cases has been stayed by the apex court and the High Court. 413 cases are related to such crimes in which there is a provision of life imprisonment. Out of these 174 cases include elected elected representatives.
According to the report, at the top of this chart is UP where 1,217 cases are pending against the law makers and out of these 446 such cases include the current law makers. Similarly, out of 531 cases in Bihar, the current law makers are accused in 256 cases.
The report said that many cases are registered under Prevention of Corruption Act, Prevention of Money Laundering Act, Arms Act, Prevention of Damage to Public Property Act and Section 500 of Indian Penal Code.
Justice Mitra has also given several suggestions to the court for speedy disposal of cases related to these leaders. These include the suggestion to set up special courts in each district for the cases of MPs and MLAs. The report said that the high courts should monitor the progress of such cases.
The affidavit suggested that each High Court should ‘automatically’ file a case in its own name by a special court for MPs / MLAs to monitor the progress of such pending cases in the state and ensure compliance with the directions of the apex court. needed.
It states, “Each High Court may nominate sessions courts and magistrates’ courts as required for hearing, in view of the number of cases relating to past and present law makers and the nature of the case. The High Court can take such a decision within four weeks of the order. “
The report also suggested that special courts should give priority to those cases where the punishment for the crime is capital punishment or life imprisonment. After this, the crimes of imprisonment for seven years should be taken.
The report suggested that matters related to current law makers should be given priority in cases of former law makers and forensic laboratories should give priority in preparing their reports in cases of cases going on in special courts.
The apex court had ordered in relation to the present MPs and MLAs against whom prosecutions have been set under Section 8 (1) (2) and Section 8 (3) of the Representation of People Act. The court directed that the cases of these honorable cases should be heard expeditiously and completed as soon as possible within one year from the date of determining the prosecution.
The court had directed to hear such cases daily and said that if the court is not able to complete the trial within a year due to unavoidable reasons, then it will have to submit its report to the Chief Justice of the High Court. In such a situation, the Chief Justice of the High Court can give appropriate orders to the concerned court regarding the period of completion of the trial.