English हिन्दी
Connect with us

India News

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

Published

on

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.

India News

BJP raises seat offer to Eknath Shinde’s Shiv Sena to nearly 90 ahead of Mumbai civic polls, talks continue

The BJP has raised its seat offer to Eknath Shinde’s Shiv Sena to nearly 90 for the upcoming BMC elections, but fresh talks are needed as differences persist within the Mahayuti.

Published

on

With the Brihanmumbai Municipal Corporation (BMC) elections drawing closer, the seat-sharing tussle within the Mahayuti alliance continues, with the BJP increasing its offer to Eknath Shinde-led Shiv Sena but failing to reach the party’s expectations.

According to sources, the BJP has now proposed close to 90 seats for the Shinde faction in the upcoming Mumbai civic polls. This is a significant jump from its earlier offer of 52 seats but still falls short of what Shinde is seeking. The Shiv Sena leader has reportedly reduced his demand from an initial 125 seats to 112, yet remains dissatisfied with the latest formula.

Chief Minister Devendra Fadnavis is expected to hold another round of discussions with Shinde to break the deadlock. Sources indicate that the BJP is unlikely to stretch its offer much further, especially after its strong showing in recent statewide local body elections.

BJP firm after strong local poll performance

The BJP has emerged as the single largest party in the recent local polls, securing 117 municipal president posts. In comparison, the Shinde-led Shiv Sena won 53 posts, while Ajit Pawar’s faction of the NCP secured 37. These results have strengthened the BJP’s negotiating position ahead of the BMC elections.

However, the current seat-sharing calculations could change if Ajit Pawar decides to contest the Mumbai civic polls as part of the alliance. Senior NCP leader Sunil Tatkare confirmed that no final decision has been taken yet, noting that discussions with alliance partners are ongoing.

Nawab Malik factor complicates alliance talks

A major point of contention within the Mahayuti is the issue of senior NCP leader Nawab Malik, who is facing multiple corruption cases, including a money laundering case linked to underworld activities. While the alliance has made it clear that Malik is unacceptable as part of its Mumbai setup, Ajit Pawar is reportedly firm on backing him.

Mumbai BJP chief Ameet Satam has publicly stated that the party would not align with any group that includes Malik. Sources added that if the NCP joins the alliance in Mumbai, it may be asked to project a different leader and contest a limited number of seats.

BMC elections timeline

The countdown to the Brihanmumbai Municipal Corporation elections has already begun, with less than a month left for polling. Voting is scheduled for January 15, with counting set to take place the following day. A total of 2,869 municipal seats will be contested, including 227 seats in the BMC.

Continue Reading

India News

Everyone has their demands: Robert Vadra responds to calls for Priyanka Gandhi as PM candidate

Robert Vadra has reacted to growing calls for Priyanka Gandhi as a prime ministerial candidate, saying leadership speculation should not overshadow pressing issues like pollution and employment.

Published

on

Robert Vadra

Businessman Robert Vadra has reacted cautiously to growing political chatter around Congress leader Priyanka Gandhi Vadra being projected as a future prime ministerial candidate, saying such expectations are natural but the priority should remain on issues directly affecting the people.

The remarks came after Congress Lok Sabha member Imran Masood publicly pitched Priyanka Gandhi, the party’s general secretary and MP from Wayanad, as a potential prime ministerial face. The statement triggered sharp reactions from the BJP, particularly in the backdrop of criticism over Priyanka Gandhi’s response to violence against minorities in Bangladesh.

Focus should remain on people’s issues, says Vadra

Speaking to media, Robert Vadra said that demands and expectations often emerge from different sections, but leadership speculation should not distract from pressing national concerns.

“Everyone has their own demands. There are demands from various quarters that Priyanka should come forward. There are also demands that I should enter politics. But right now, the focus should be on the real issues that concern the people of the country,” Vadra said.

He underlined that challenges such as pollution, education and employment deserve greater attention in public and political discourse.

Emphasis on brotherhood and unity

Commenting on the situation in Bangladesh, Vadra stressed the importance of harmony and communal unity, cautioning against divisive narratives.

He said that during his visits to religious places across the country, he has observed similar values and concerns among people of different faiths. According to him, unity and brotherhood should guide discussions, rather than any Hindu-Muslim divide.

“No one should be involved in divisive activities. The focus should be on serious challenges facing the country,” he added.

Domestic concerns should come first

Vadra also said that national priorities must take precedence before engaging with issues beyond India’s borders.

“First, we should focus on matters related to our own country. After that, we can look at issues concerning Bangladesh or any other nation,” he said.

Pollution needs urgent attention

Highlighting environmental concerns, Vadra said pollution in the national capital has reached alarming levels and requires immediate solutions. He noted that the issue did not receive adequate discussion during the Winter Session of Parliament.

He pointed out that Priyanka Gandhi had also intended to raise the issue of pollution in Parliament. Vadra suggested that if domestic measures fail, international cooperation could be explored to address worsening air quality.

Christmas greetings and call for peace

On the occasion of Christmas, Vadra extended greetings, saying he prayed for peace, unity and the overall well-being of the country.

Continue Reading

India News

J&K cabinet clears residential plot allotment for flood-affected families

The Jammu and Kashmir cabinet has approved allotment of residential plots to families affected by floods and landslides in August and September, paving the way for rehabilitation.

Published

on

j nd k

In a significant relief measure for disaster-hit families in Jammu and Kashmir, the government has approved the allotment of residential plots to people whose homes were damaged or destroyed in floods and landslides earlier this year. The decision aims to help affected families rebuild their houses at safer locations.

The Jammu and Kashmir cabinet, led by Chief Minister Omar Abdullah, has cleared the 5 Marla residential land allotment scheme. A senior official said the proposal has been forwarded to the Lieutenant Governor for assent, marking an important step towards large-scale rehabilitation.

According to the government, the decision will cover families impacted by floods, cloudbursts and landslides that occurred during August and September across the Union Territory. Most of the damage was reported from the Jammu region, where thousands of houses were affected due to extreme weather events.

Official data shared earlier in Parliament indicated that the disasters caused widespread destruction. Around 200 people lost their lives, while more than 8,400 houses were damaged. In addition to property losses, large tracts of agricultural land were affected, and livestock losses were also reported.

A significant number of casualties occurred during religious pilgrimages. On August 14, flash floods at the Machail Yatra base camp in Chisoti area of Kishtwar district claimed over 60 lives, with several people reported missing. Another tragedy struck on August 26, when a massive landslide hit the Mata Vaishno Devi Yatra track in Katra amid heavy rainfall, killing 35 pilgrims.

Following the Katra incident, protests were held against the shrine board over the continuation of the yatra despite weather warnings. The Lieutenant Governor had ordered a probe into the landslide, directing a three-member committee to submit its report within two weeks. However, the report has not yet been made public.

While ex-gratia relief has already been provided to the families of those who lost their lives, the demand for land allotment to rebuild homes at safer locations has remained a key concern among survivors. Officials said identifying suitable land that is both safe and acceptable to local communities has been challenging.

A senior official said groundwork at the district level has largely been completed and the cabinet’s approval has paved the way for the rehabilitation process. The Centre has already sanctioned the reconstruction of 5,000 houses damaged in the floods in Jammu and Kashmir.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com