JOIN USSC asked to set up monitoring panel to expedite CBI/ED cases against MPs/MLAs
The Supreme Court was on Tuesday asked to set up a monitoring committee headed by a former judge of the top court or chief justice of a High Court to evaluate the reasons for the delay in investigation of cases lodged by the CBI and the ED against sitting and former MPs and MLAs.
The panel, also comprising the heads of the CBI, and the ED and Home Secretary, may issue directions for timely completion of the investigation.
Notably, a total of 121 cases are pending against sitting and former MPs/ MLAs in Special Courts, CBI, across the country, and as many as 58 cases are punishable with life imprisonment.
Senior advocate and amicus curiae Vijay Hansaria along with advocate Sneha Kalita made the suggestion to the top court in a status report indicating as many as 37 CBI cases against former and sitting MPs/MLAs were pending investigation.
Out of 121 cases before the court, in nearly one-third of cases, the trial was moving at snail’s pace as charges have not been framed, though offences were committed several years back.
The report was filed in a 2016 petition by advocate Ashwini Kumar Upadhyay seeking direction to fast-tracking criminal trials against sitting and former MPs/MLAs.
The fourteenth report stated out of 121 cases pending trial before the Special Courts, CBI, even the charges have not been framed in 45 cases, though the offences alleged to have been committed several years back.
The report highlighted the inordinate delay in several cases pending trial before CBI courts in different parts of the country.
According to Enforcement Directorate’s status report, a total number of 51 Members of Parliament (MP/ex MPs) are accused in cases arising out of offences under the Prevention of Money Laundering Act, 2002.
However, the report does not show as to how many MPs/MLAs are sitting and/or former legislators.
The report suggested that courts before whom the trials are pending may be directed to expedite the proceedings in all pending cases on a day-to-day basis in terms of Section 309 of the Criminal Procedure Code.
The report asked the top court to constitute a monitoring committee within two weeks for expediting the pending investigations.
It also said, in the case, additional courts were required, the High Courts and the appropriate state government should constitute such courts. Further, the CBI should ensure that public prosecutors do not seek adjournment and the witnesses are produced on the dates fixed. In case, the accused persons do not cooperate with the trial, the court may consider cancellation of bail, it added.
It also said the trial courts may be directed to proceed with the cases, notwithstanding the interim order of the High Court, in view of the top court's orders of September 16, 2020 and November 04, 2020, in the case of Asian Resurfacing of Road Agency Private Limited Vs CBI, (2018).