Welcome trial of MPs, MLAs

The Supreme Court has done well to direct the high courts to review cases where the trial of sitting MPs, MLAs, and former legislators have been stayed or are pending. The court has also set a deadline by telling the chief justices of high courts that the review should be done within two months. They have also been told to set up special benches, comprising themselves and their designate, to monitor the progress of the trials. This initiative from the top court was needed to give a push to the matter that is very important but has been ignored for decades. The court has described it as an ‘’elusive affair’’ as “there has been no substantial improvement in the situation when it comes to disposal of pending criminal cases against sitting/former legislators’’.

There are 4,442 cases pending against sitting and former legislators in courts in various states. On orders from the court, the Central government had set up 12 special courts in December 2017 exclusively for hearing cases against legislators. But the cases still linger. One case from West Bengal is pending since 1981. Many of the cases are about serious offenses including murder and attempt to murder, and are punishable with death or imprisonment. There are also charges which invite jail term for seven years or more. A conviction would lead to disqualification from contesting elections and holding an office. Many cases have not moved because of stay orders and others because they are not pursued at all. All political parties have their representatives facing such charges. The lack of resolution of cases against legislators is not just a matter of judicial delay and denial of justice. It is also about the nature and standards of public life which is vitiated by the nexus between crime and politics.

The court said that it was “shocked” that so many cases were pending against legislators, and specifically instructed that the coronavirus pandemic should not be used as an excuse to not follow the directions. It also said that if a stay is considered necessary, the court should hear the matters on a day-to-day basis and dispose them expeditiously, without any unnecessary adjournments. The chief justices of high courts have also been asked to come up with an action plan on the infrastructure and number of special courts required. Doubts had been expressed whether special courts to try cases against one section of people, as against trial of one class of crimes, would be legally sound. But now that the court has decided to give another push to the process, it will hopefully be gone through and those who have evaded justice, one way or the other, will be made to face it.