Increase in cases against MPs/MLAs; 4,984 criminal cases pending, SC told

The Supreme Court has been told that an increase has been recorded in pending criminal cases against former and sitting MPs and MLAs, in an indication that more and more persons with criminal antecedents are occupying the seats in the Parliament and the State Legislative Assemblies.

As many as 4,984 criminal cases against former and sitting MPs and MLAs have been pending before trial courts across the country as on December 1, 2021.

There has been an increase of 862 cases against the lawmakers in the last three years, since 4,122 cases were pending in December 2018.

"Despite a series of directions by the top court and continuous monitoring, as many as 4,984 cases are pending out of which 1,899 cases are more than five years old," a report by amicus curiae senior advocate Vijay Hansaria stated.

"This shows that more and more persons with criminal antecedents are occupying the seats in the Parliament and the State Legislative Assemblies. It is of utmost necessity that urgent and stringent steps are taken for expeditious disposal of pending criminal cases," it said.

The report filed by advocate Sneha Kalita on behalf of the amicus curiae also pointed out as on December 2018, the number of cases were 4,110.

"As on October 2020, the cases were 4,859. Even after disposal of 2,775 cases after December 4, 2018, the cases against MPs/MLAs have increased from 4,122 to 4,984," the report said.

Out of the 4,984 cases, 3,322 are magisterial cases while 1,651 are sessions cases,

Of these, 1,899 cases are more than five years old while 1,475 have been pending for a period between two and five years, the report added.

The report was filed in a PIL by BJP leader and advocate Ashwini Kumar Upadhyay for setting up of special courts to try criminal cases against law makers.

The amicus suggested the courts dealing with cases against MPs/MLAs will exclusively try these cases. The trial court should send a report on each of the cases where trial has been pending for more than five years before the respective High Courts, as to the reasons for delay and suggest remedial measures. The central government should provide funds for ensuring smooth functioning of Courts through virtual mode by facilitating availability of video conference facilities.

Besides, a monitoring committee may be constituted, headed by a former Judge of the Supreme Court or Chief Justice of a High Court to supervise the investigation of cases pending before the Enforcement Directorate, Central Bureau of Investigation and National Investigation Agency. And the trial courts may be directed to pass a specific order in all pending cases that the benefit of the Witness Protection Scheme 2018 to be made available to witnesses.

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