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Criminals as Lawmakers: Special courts to try criminal cases pending against MPs, MLAs

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Criminals as Lawmakers: Special courts to try criminal cases pending against MPs, MLAs

In a case seeking ban on law breakers becoming law makers, the Centre told the Supreme Court on Tuesday, Dec 12, that it will set up twelve special courts to speed up disposal of criminal cases pending against MPs and MLAs in the country.

However, the government, which is opposed to a lifetime ban on convicted persons becoming MLAs or MPs, in its affidavit to the Supreme Court, put the number of cases pending against lawmakers as 1,581 – which does not match the numbers mentioned in the petition before the court. This was the number of MPs and MLAs against whom criminal cases were pending, according to the petition. With several of them involved in multiple cases, the number of cases, as per the petition being heard by the Supreme Court, was over 13,500.

In a two-page affidavit, additional secretary in Ministry of Law and Justice Reeta Vasishta told the SC that the scheme envisages the constitution of the courts for a period of one year. The courts will try the cases against the law makers mentioned by candidates in their poll affidavits in 2014 when elections were held to Lok Sabha and eight state assemblies, said the affidavit.

Vasishta added that the ministry of finance has approved Rs 7.8 crore for the special courts.

While the government’s affidavit in the Supreme Court put the number of cases at 1,581 which 12 fast track courts would dispose of with ease within a year, the number of criminal cases is more than 13,680 as of 2014 and 1,581 is the number of MPs and MLAs facing prosecution, as per the petitioner Ashwini Upadhyay. Several tainted lawmakers face multiple cases. Upadhyay said “we need 100 special courts, not 12 courts.”

“The figure of 1,581 cases has been obtained from an NGO. However, the data as to in which courts the said cases are pending is not available with the NGO. Since the details as to in which courts the cases are pending is not available, it is difficult to gather facts and figures for answering the query of the court (on number of cases filed against lawmakers after 2014). The government has initiated action by seeking to collect the requisite details from the respective state governments,” the Centre said in its affidavit.

A Supreme Court bench comprising Justices Ranjan Gogoi and Navin Sinha is hearing a petition filed by advocate Ashwini Upadhyay seeking a lifetime ban on convicted persons from legislatures and Parliament. At present, a lawmaker guilty of a criminal offence punishable by two years or more in jail immediately loses the membership of Parliament or state assemblies. Under the court’s 2013 judgment, a convicted politician is also barred from contesting elections for six years from the date the sentence ends.

On November 1 this year the SC had directed the government to come up with scheme to set up special courts for speedy trial of lawmakers facing criminal charges. It is hearing a private litigation filed by advocate Ashwini Upadhyaya seeking a life-time bar on contesting elections for convicted politicians.

The suggestion for a central scheme was made after Election Commission of India (ECI) backed it and said it would go a long way in cleansing Indian politics. The government was reminded of an earlier top court order that fixed a time limit of one year for the trial courts to dispose of cases against politicians.

The Centre in its affidavit said that under the scheme, two courts would exclusively hear 184 cases pending against Lok Sabha members. Bihar would have just one court to deal with 141 cases involving MLAs as will Maharashtra to try 160 cases against its legislators.

There would be one special court in Uttar Pradesh to decide 160 such criminal cases. Similarly, one in West Bengal, where 107 MLAs are facing cases, one in Kerala that has 87 cases pending against MLAs and one in Telangana, with 67 cases awaiting final decisions, would be set-up.

Twenty-one states, including Gujarat (54 cases), Jharkhand (52 cases) and Orissa (52), will not have such courts. There will not be any special judicial forum to hear the cases of 44 Rajya Sabha MPs and the government affidavit is silent on which court will hear them.

During the November 1 hearing, the court had asked the Centre to apprise it on how many of the “1,581 criminal cases” pending against MPs and MLAs, “as declared at the time of filing of nomination papers for the 2014 elections”, were disposed of within a year as directed, how many had ended in acquittal or conviction, and whether any further criminal case had been filed against an MP or MLA after 2014.

Responding to this, the affidavit said: “There is no agency within the government collecting such data. Though the Centre had written to the Election Commission on this, the poll body also expressed its inability to provide the data.”

The EC had told the Centre, said that the figure in the petition was apparently taken by the petitioner from a report compiled by the NGO Association for Democratic Reforms (ADR). The EC subsequently contacted the NGO, which said “the present figure is 1,571 not 1,581” and “this may be due to death/ resignation/ vacant seats etc.”

The ADR did not have information regarding the courts these cases were pending in, said the government. The Centre has contacted the states and written to their chief secretaries, secretaries of state legislatures and secretary general of Lok Sabha and Rajya Sabha for the information. The government is also in touch with the various high courts, in case the data is available with them, said the affidavit.

The apex court will consider the government’s proposal when it hears the matter on December 14.

The government, which has already opposed the life ban as demanded by the petitioner, said the recommendations of the poll panel and the law commission were under “active consideration”, said media reports.

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Akhilesh Yadav says BJP orchestrated Sambhal violence to cover up byelection malpractice

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

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Samajwadi Party chief Akhilesh Yadav on Sunday accused the BJP government of orchestrating the violence in Uttar Pradesh’s Sambhal district during a mosque survey, claiming it was a ploy to distract from electoral malpractice.

Yadav, the former chief minister of Uttar Pradesh, also alleged incidents of electronic booth capturing during the recently concluded bypolls for nine Assembly seats in the state, suggesting that a forensic examination of the electronic voting machines (EVMs) by the Election Commission could provide clarity on the situation.

Earlier in the day, the Uttar Pradesh Police used tear gas to disperse the crowd after it got violent and started stone pelting as tension escalated during a second survey of the Mughal-era mosque, claimed to be originally the site of an ancient Hindu temple. At least ten people were detained following the violent clash.

The local administration said that a second survey, led by an “Advocate Commissioner” as part of a court-mandated examination of the disputed area, commenced around 7 AM, attracting a gathering crowd.

Yadav made the statement a day after the results of the UP bypolls, where the Samajwadi Party secured only two seats, while the BJP and its ally, the RLD, won seven, including the Kundarki seat, which has a significant Muslim population.

“A serious incident took place in Sambhal, where a survey team was intentionally sent in the morning to disrupt election discussions. Their goal was to create chaos and prevent any debate on election-related issues,” Yadav claimed.

He said that several individuals were injured in the Sambhal violence, with one fatality, and questioned the need for a new survey conducted without proper preparation, especially when a previous survey had already been completed.

The Samajwadi Party chief said, “I won’t delve into legalities, but the other side wasn’t given a fair hearing. This was clearly designed to incite emotions and distract from conversations about electoral fraud.”

Yadav asserted that the events in Sambhal were a deliberate act by the BJP to divert attention from the alleged electoral irregularities. “In a true democracy, victory should come from the people, not the system. The kind of democracy the BJP is establishing ensures that the system prevails over the voters,” he stated.

He said that impartial investigations would reveal that many voters were unable to cast their ballots and that someone else had fraudulently voted in their place.

He charged that on election day, the police and administration removed nearly all of the Samajwadi Party’s booth agents and many supporters eager to vote. “If voters were shut out, who actually cast the votes? If our party’s votes didn’t reach those booths and our candidate received no support, then who voted there? This is a serious concern,” he said.

Yadav also pointed out discrepancies with polling slips, alleging the presence of both red-marked and regular slips, which he claimed led to discriminatory practices on voting day. Haji Rizwan, the Samajwadi Party candidate for Kundarki, echoed the same claims, stating that his supporters faced barriers to voting. BJP’s Ramveer Singh won the Kundarki bypoll by a notable margin of over 145,000 votes.

Yadav said that a victory gained through deceit is nothing but an illusion that ultimately burdens those who orchestrated it. “This entire act has been staged by the BJP. Such a victory only morally weakens those who achieve it and dulls their conscience,” he said.

He questioned how one can uphold democracy when the government and administration themselves engage in oppression. “This dishonesty is not a new phenomenon. Election rigging has become their standard operating procedure, and the evidence has been captured on camera. Even an MLA faced humiliation,” the former chief minister alleged.

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Former CJI Chandrachud removed fear of law from political defectors, claims Shiv Sena (UBT) leader Sanjay Raut

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

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Shiv Sena (UBT) leader Sanjay Raut on Sunday criticised former Chief Justice of India D Y Chandrachud, accusing him of undermining the rule of law for politicians who switched parties in Maharashtra.

This statement from Raut follows his party’s disappointing performance in the recent state Assembly elections, where they secured only 20 out of the 95 seats contested within the Maha Vikas Aghadi (MVA) alliance. The results for the alliance’s partners were similarly poor, with Congress winning 16 of 101 seats and the NCP (SP) claiming just 10 of the 86 seats they contested for.

Raut asserted that by failing to rule on the disqualification petitions, Chandrachud enabled defections to occur freely.

Speaking to reporters, Raut said: “Chandrachud has eradicated the fear of the law among defectors. His actions will be remembered negatively in history.”

After the split of the Shiv Sena in 2022, the faction led by Uddhav Thackeray filed petitions in the Supreme Court seeking the disqualification of MLAs who defected to join Eknath Shinde. The Supreme Court subsequently assigned the responsibility to the Assembly Speaker, who earlier this year ruled that the Shinde-led faction represented the real political party.

Raut said the result of the Maharashtra Assembly election 2024 could have been different if Chandrachud had not delayed the decisions regarding disqualification petitions.

 “If he would have given a timely verdict in disqualification petition of Shiv Sena (UBT), the scenario in Maharashtra would have been different. History will never forgive him,” he said. 

“The choice of Maharashtra’s Chief Minister will be dictated by the Gujarat lobby. Perhaps the swearing-in ceremony should take place in Gujarat instead of Maharashtra,” he said. Additionally, Raut credited the Rashtriya Swayamsevak Sangh (RSS) for their role in the success of the Mahayuti coalition, alleging that their aggressive campaigning techniques significantly influenced the election results.

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At all-party meet, Congress demands discussion on Adani, Manipur in Parliament winter session

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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In the customary all-party meeting convened by the government ahead of the winter session of Parliament on Sunday, the Congress demanded that the BJP-led central government discuss allegations against the Adani Group and the Manipur violence.

Congress leader Pramod Tiwari said that his party demanded discussions on issues such as the Adani Group bribery allegations, the Manipur crisis, pollution, and train accidents in the parliamentary session, which is starting on Monday.

Union Minister of Parliamentary Affairs Kiren Rijiju announced during a press conference that an all-party meeting was held to discuss the upcoming winter session of Parliament. A total of 42 political representatives were present, consisting of 30 party leaders and party floor leaders, each contributing their suggestions, he added.

Rijiju stated that these suggestions would be reviewed with the business advisory committee and the Speakers of both Houses to determine which issues would be addressed in the Lok Sabha and Rajya Sabha. He emphasised the desire for constructive and peaceful discussions in both Houses.

Speaking to the media after the meeting, Congress leader Gaurav Gogoi highlighted several key issues raised by the Congress and the INDIA alliance during the meeting. He pointed out that a significant concern was the financial sector scam recently highlighted by the US government, urging the BJP-led NDA government to provide clear answers regarding the matter.

Regarding the issues discussed, AAP leader Sanjay Singh noted that corruption related to the Adani group was damaging India’s global reputation and warranted further discussions.

He also mentioned the ongoing violence in Manipur, which has persisted for a year and a half without government intervention. Additionally, Singh said he raised concerns about irregularities during the Uttar Pradesh bypolls, where voters faced intimidation, questioning the integrity of the electoral process.

Singh expressed skepticism about the government’s claim to implement the Waqf Bill without awaiting the Joint Parliamentary Committee’s report.

SAD leader Harsimrat Kaur Badal said she brought to attention several issues concerning farmers, stating that they are being exploited by a central government, receiving less than the minimum support price (MSP) for their crops.

She noted that a significant percentage of DAP fertiliser supplied by the Centre is reportedly fake, and highlighted concerns regarding land transfers to Haryana in Chandigarh, which violate the Punjab Reorganization Act.

In the meeting, Badal also criticised the forced acquisition of farmland for the Bharatmala Expressway and suggested that there may be a collaborative effort between the Centre and the Opposition to stall House proceedings, emphasising that the responsibility to manage the House lies with the government.

The Congress party, which is the largest Opposition party in the House, is expected to prioritise discussions on the situation in the Northeast, the ongoing border tensions at the Line of Actual Control, and allegations surrounding businessman Gautam Adani.

The government has prepared 16 bills for consideration, including the Waqf Amendment Bill, which is under review by the Joint Parliamentary Committee.

Moreover, there may be discussions regarding the contentious ‘One Nation, One Election’ proposal, which Prime Minister Narendra Modi has supported as a means to optimise resources and enhance democracy, although it has faced opposition from Congress.

The winter session of Parliament is scheduled to continue until December 20, with no sessions planned for November 26 in observance of Constitution Day.

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