SC seeks centre's response on barring convicted criminals from contesting elections

The bench led by Justice NV Ramana was hearing a petition filed by Advocate and BJP member Ashwini Upadhyay who sought setting up of special courts to decide criminal cases related to people representatives and public servants within one year and implement electoral reforms proposed by the National Commission to review the working of the constitution, Law commission of India in its 244th report and 255th report and Election Commission of India.

New Delhi: The Supreme Court on Thursday issued notice to the centre on a petition seeking to debar a convicted person for life from forming a political party or becoming an office-bearer if he is convicted under Sections 8(1),8(2),8(3),9(1) of the Representation of the People Act,1951. The centre has been directed to respond in 6 weeks.

The bench led by Justice NV Ramana was hearing a petition filed by Advocate and BJP member Ashwini Upadhyay who sought setting up of special courts to decide criminal cases related to people representatives and public servants within one year and implement electoral reforms proposed by the National Commission to review the working of the constitution, Law commission of India in its 244th report and 255th report and Election Commission of India.

12 Special courts have already been set up on the top court's 2017 order where cases from HCs were transferred.

He also seeks setting up of minimum qualification and maximum age limit for people representatives.

In an order dated 5 March 2020, the top court had directed the Registrar Generals of all the High Courts to furnish information regarding the pending cases against the MPs/MLAs. As per the data provided by the HCs, there are 4442 cases pending against the MPs/MLAs(sitting and former). In 2556 cases sitting legislators are accused persons and 413 cases are in respect of offences which are punishable with imprisonment of life. Out of 413, there are 174 cases against the sitting accused MPs/MLAs.

Among all the states and UTs, UP has the maximum number of pending cases amounting 1,217 out of which, in 446 cases sitting legislators are accused. Nagaland, Sikkim, Dadar and Nagar Haveli have 0 pending cases.

Today the court found that one of the oldest criminal cases is in Punjab dating back to 1983 and till now only charges have been framed in that. Expressing shock over it, the court asked the Punjab and Haryana High court to enquire into it.

As per the amicus curie, only 4 HCs furnished details regarding prevention of corruption cases. The court has directed the states today to give details on all other crimes and asked the amicus to come with a plan on Monday so all the cases can be disposed of.