New Delhi: According to the Supreme Court, state governments cannot withdraw criminal charges against sitting MPs and MLAs without permission from their respective high courts. Justice Vineet Saran and Justice Surya Kant were hearing a 2016 petition by lawyer Ashwini Upadhyay seeking fast-tracking of criminal trials against lawmakers as well as a lifetime ban on convicted politicians running for office.
In its statement, the Supreme Court bench based its decision on a report by Amicus Curiae Vijay Hansaria on the status of trials against MPs and MLAs. Compared to two years ago, the number of criminal cases filed against sitting and former MPs and MLAs increased by 17 percent. In the report, Vijay Hansaria stated that no cases should be withdrawn without the HC’s permission, referring to the issue of state governments withdrawing cases against MPs and MLAs. The government of Karnataka ordered the withdrawal of 61 cases against such leaders.
The Supreme Court bench also ordered that judges hearing cases against MPs and MLAs should not be transferred until further notice. According to the bill, all high courts should provide information about cases decided against legislators by special courts in a particular format to the registrar general.
The Supreme Court had earlier asked the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to submit the status of the cases against sitting lawmakers. While the ED filed a status report on Monday, the CBI has yet to file its report. ‘We don’t even know what to say now. We’ve expressed our displeasure beyond words,’ CJI Ramana said. SG Tushar Mehta responded, ‘I understand. I’m asking for the CBI and ED to file status reports in the last week’.
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‘When this matter first arose, we asked the government some serious questions. Despite assurances that the government was serious about this issue and wanted to do something about it, nothing has been done from your end. No progress has been made. When you’re unwilling to submit status reports, what can you expect us to do?’ CJI Ramana asked.
SG Tushar Mehta responded, ‘It’s not reluctance. It’s lack of coordination. CJI Ramana said a special bench should be appointed to monitor cases against sitting MPs and MLAs. CBI and ED were also granted 10 days to submit their reports.
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