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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.

2024 Lok Sabha Elections

Smriti Irani takes a swipe at Rahul Gandhi for calling Amethi his home but contesting Lok Sabha elections from Wayanad

Smriti Irani criticised the Rahul Gandhi for changing his families and said they have seen people changing colours, but for the first time changing families is being witnessed.

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Union Minister Smriti Irani took a swipe at Rahul Gandhi on Saturday during a rally in Uttar Pradesh’s Amethi. While addressing the public rally, Irani said Rahul Gandhi spoke about his relations in Amethi and then he went to Wayanad where he declared the Kerala seat as his home as he filed for his nomination for the Lok Sabha elections.

Smriti Irani, who will be contesting her Amethi seat yet again, criticised the Rahul Gandhi for changing his families and said they have seen people changing colours, but for the first time changing families is being witnessed. The Union minister urged the people of Amethi to cast their votes on May 20, the day when Amethi goes for elections. She talked about the benefits of voting for BJP and said, the poor will get free ration for five years, farmers will get Rs 6,000 every month, and will get Rs 5 lakh every year under the Ayushman Bharat scheme.

Irani further added that Congress on the other hand has declared that it will calculate the wealth of the people if voted to power. She took a swipe over Congress candidates and said the grand old party is yet to announce its candidates for two key constituencies in Uttar Pradesh – Amethi and Raebareli, which have historically been the Congress’s stronghold.  The BJP leader said that now that the polling in Wayanad has concluded, the Congress candidate will arrive in Amethi, but will first visit the Ram Temple.

She slammed Congress for rejecting the invitation to the Ram Temple Pran Pratishtha and said they rejected the invitation to the Ram temple Pran Pratishtha, now they will go to the Ram temple as they believe that this will get them votes in the ongoing Lok Sabha elections which means now they will go to the extent of betraying god as well.

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2024 Lok Sabha Elections

Lok Sabha election 2024: Nearly 50% voter turnout recorded in second phase till 3 pm

The constituencies going to polls today include all 20 Lok Sabha seats in Kerala, 14 in Karnataka, 13 in Rajasthan, and others spread across different states.

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In the second phase of Lok Sabha elections 2024, over 50% of voters were registered in 13 states and the UTs till 3 p.m. 65% of voters participated in the first round of the Lok Sabha elections.

The 18th Lok Sabha elections are currently in their second phase, with voting for 88 seats taking place across 13 states and union territories. There are more than 1,200 people running for office, four of them are from outside Manipur.

Union minister Rajeev Chandrasekhar, BJP members Tejasvi Surya, Hema Malini, and Arun Govil, Rahul Gandhi and Congress leader Shashi Tharoor, DK Suresh, the brother of Karnataka Deputy Chief Minister DK Shivakumar, and former chief minister HD Kumaraswamy are among the notable contenders for the second phase.

In 2019, the NDA had won 56 of the 89 seats and the UPA 24. Six of these seats have been redrawn as part of the delimitation exercise.

The first phase of the seven stages of the elections took place on Friday, including 102 seats spread across 21 states and Union territories. Voter turnout was about 65.5% in the first phase, according to the reports.

In biggest festival of democracy, people from all walks of sector took part in it. A video went viral where former India captain and current Indian team head coach Rahul Dravid and former India player and head coach Anil Kumble were seen standing in line  to cast their vote.

Meanwhile, voting started at 7 a.m. and will end at 6 p.m. The Election Commission has extended voting hours for those who are in line by an hour. According to Election Commission figures, the first two hours saw a 9.3% voter turnout throughout the 88 constituencies. By 9 am, Kerala had recorded 8.52%, Karnataka 9.21%, and Madhya Pradesh 13.82%.

In this phase, there were about 15.88 crore eligible voters, comprising 5.929 third-gender electors, 8.08 crore males, and 7.8 crore women. 3.28 crore young voters, aged 20 to 29, are among them; 34.8 lakh of them are first-time voters.

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2024 Lok Sabha Elections

Lok Sabha elections 2024: 102-year-old man walks to polling booth to cast his vote in Jammu

The lowest voter turnout so far was noted in Ramgarh at 1.53%.

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A 102-year-old man showed up at a Jammu polling place to cast his vote in the second phase of the Lok Sabha elections on Friday. Haji Karam Din arrived at the Reasi district polling place in the Jammu constituency with a walking stick in hand and a family member who assisted him with the pre-voting process.

Haji Karam Din, who is 102-year-old, showed his inked finger and posed for pictures outside the polling booth after casting his vote. He said voting at this polling place at this age makes him very happy. He has always cast his vote. Even at the age of 102, this experience is still ongoing, he said.

Reasi district is a part of the Jammu parliamentary constituency, and 22 candidates are up for vote with around 17.81 lakh eligible voters.

BJP’s sitting member Jugal Kishore Sharma is aiming for a third term in office following wins in the elections of 2014 and 2019. Former minister and Congress candidate Raman Bhalla is his main opponent.

Voting in the Jammu-Reasi Lok Sabha constituency began with eager voters showing up at the polling places. Some of them were wearing traditional Dogra attire.

In 2,416 polling places around the constituency, voting got underway at 7 a.m., and 10.39% of the total votes were cast by 9 a.m. In the 2019 Lok Sabha elections, Jammu recorded a 74% voter turnout.

Following the repeal of Article 370 and the division of the former state into two Union Territories five years ago, this is Jammu’s first significant election.

The Akhnoor segment received the highest percentage of votes, 14.24%, followed by Reasi (14.13%), Gulabgarh (13.53%), Shri Mata Vaishnodevi (12.71%), Marh (12.31%), Samba (8.56%), R S Pura Jammu South (8.17%), and Suchetgarh (5.67%), according to the officials. Ramgarh recorded the lowest voter participation of 1.53% so far.

Low attendance was observed in the border areas of the districts of Jammu and Samba till nine in the morning, according to poll data.

The officials said that big lines of voters were observed at several polling places throughout Jammu city. Voters were observed heading towards polling places early in the morning.

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