India / 4,442 cases pending against MPs, MLAs: Senior advocate informs SC

New Delhi: The Supreme Court has been informed that a total of 4,442 cases were pending against MPs and MLAs in special courts across the country. Out of this, sitting legislators are accused persons in 2,556 cases. Trials in 352 cases are held up due to stays granted by higher courts. 

Of all the states, Uttar Pradesh topped the list with 1,217 cases.

As many as 413 cases related to offences punishable with life imprisonment were pending. Out of this,174 cases involved sitting legislators as accused. 

Acting on a PIL by BJP leader and advocate Ashwini Kumar Upadhyay, the top court, on December 14, 2017, directed for the setting up of 12 special courts as proposed by the Union government. The High Courts were directed to transfer cases against MPs and MLAs to such special courts.

On December 4, 2018, the apex court asked each High Court to assign criminal cases involving former and sitting legislators to as many Sessions Courts and Magisterial Courts as each High Court may consider proper, fit and expedient.

A note was submitted on Tuesday by amicus curiae senior advocate Vijay Hansaria on compilation of data received from High Courts. He asked the court to issue directions to the State Governments for passing notification on recommendation of the High Court on allocation of cases.

Among numerous suggestions, he said each High Court should register a Suo Moto case with the title “In Re: Special Courts for MPs/MLAs” to monitor the progress of cases pending in the State and ensure compliance of directions of the Supreme Court for speeding up trial against former and sitting legislators.