New Delhi: The Supreme Court has been informed that special courts for trial of criminal cases in connection with lawmakers, MP and MLA, decided more than 2,000 cases in 2023, and in 2023, 1,746 fresh criminal cases were filed against the MPs/MLAs and a total of 4,474 cases remain pending as on January 1, 2024. Also, around 501 candidates with criminal cases are contesting the Lok Sabha elections in the first two phases.
An affidavit has been filed in the apex court by senior advocate Vijay Hansaria, who is amicus curiae in a PIL filed by advocate Ashwini Upadhyay seeking expeditious disposal of criminal cases against MPs/MLAs. The affidavit said in 2023, 1,746 fresh criminal cases were filed against the MPs/MLAs and a total of 4,474 cases remain pending as on January 1, 2024.
The affidavit said, “in view of the direction issued by this court in the present proceedings, the steps taken by the respective high courts, and expeditious hearing by the special court MP/MLA, more than 2000 cases have been decided in the year 2023. However, a large number of cases are pending, and many of them are for a long period”.
The affidavit said that more directions were required for speedy adjudication of pending trials and their investigation under strict monitoring by the respective high courts. It added that there are around 501 candidates with criminal cases who are contesting the Lok Sabha elections in the first two phases.
The affidavit, referring to a report of NGO 'Association of Democratic Reforms for the Lok Sabha elections 2024 Phase I and Phase II,' said: “out of 2,810 candidates (Phase I - 1618 candidates and Phase II - 1,192 candidates), 501 (18 per cent) candidates have criminal cases against them, out of which, 327 (12 per cent) are serious criminal cases (punishable with imprisonment of 5 years and more)”.
It further added that the same was the position in 2019 Lok Sabha elections in which out of 7,928 candidates, 1,500 candidates (19 per cent) had criminal cases, out of which 1,070 candidates (13 per cent) were serious criminal cases. “However, out of 514 elected members of 17th Lok Sabha (2019-2024), 225 members (44 per cent) had criminal cases against them. Thus, the candidates with criminal cases have won more seats than candidates without criminal cases. In this context, it is necessary that this court may pass further orders for expeditious disposal of pending trials and investigation under strict monitoring by the respective high courts," the affidavit said.
The affidavit included a tabular chart based on the information received from different high courts, under which as on January 1, 2023 there were 4,697 criminal cases against the lawmakers and 2,018 cases were decided last year. According to the affidavit Maharashtra, decided 232 cases out of 476 cases against MPs/MLAs as on January 1, 2023; West Bengal 13 out of 26; Gujarat 30 out of 48; Karnataka 150 out of 226; Kerala 132 out of 370; and Bihar decided 171 cases out of 525 cases. In Uttar Pradesh, 766 cases out of 1,300, as on January 1, 2023 were adjudicated by the special courts. Delhi, had 105 cases at the beginning of 2023 but 103 cases were disposed of by December 31, 2023.
Hansaria also sought direction creating a model website on the pattern of National Judicial Data Grid for uploading of real time information on the progress of the trial of cases against lawmakers.
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