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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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PM Modi links Gen Z support to BJP’s Mumbai civic win, targets Trinamool in Bengal

PM Modi said India’s Gen Z believes in the BJP’s development agenda, citing the party’s historic BMC victory while attacking the Trinamool government in Bengal.

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PM Modi

Prime Minister Narendra Modi on Friday said India’s Gen Z believes in the BJP’s development model, citing the party’s landmark victory in the Brihanmumbai Municipal Corporation elections, as he intensified his campaign in election-bound West Bengal.

Addressing a public meeting in Malda, the prime minister pointed to the BJP’s record performance in Mumbai’s civic polls, where the party emerged victorious in the BMC for the first time. He expressed confidence that voters in West Bengal would make a similar choice in the upcoming assembly elections, which are due in a few months.

Taking aim at the Mamata Banerjee-led Trinamool government, Modi said in Bengali, “Ei sarkar palano dorkaar,” asserting that the state needs a change in government. He accused the Trinamool of corruption and alleged that public funds were being looted while central assistance was being blocked from reaching people in Bengal.

The prime minister said development in the state would accelerate only after the Trinamool is voted out and the BJP comes to power. He also accused the ruling party of shielding infiltrators, warning that strong action would be taken against infiltration if the BJP forms the government in the state.

Reassuring the Matua community and other persecuted refugees from neighbouring countries, Modi said they had nothing to fear, adding that the Citizenship Amendment Act offers them protection.

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Rahul Gandhi to visit Indore over contaminated water deaths, draws mixed political reactions

Rahul Gandhi is set to visit Indore to meet families affected by contaminated water deaths as BJP and Congress leaders exchange sharp yet contrasting responses.

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Rahul-Gandhi

Leader of the opposition in the Lok Sabha Rahul Gandhi is scheduled to visit Indore on Saturday amid mounting political and public concern over deaths linked to contaminated drinking water in the city. His visit has triggered varied responses from political leaders, reflecting the tense atmosphere surrounding the issue.

According to the proposed itinerary, Rahul Gandhi will begin his visit at Bombay Hospital, where several people affected by contaminated water are currently undergoing treatment. He is expected to meet patients and their families before proceeding to Bhagirathpura, the area identified as the epicentre of the crisis. There, he will interact with families who lost relatives after consuming contaminated water.

BJP veteran welcomes visit, stresses democratic role of opposition

Former Lok Sabha Speaker and senior BJP leader Sumitra Mahajan welcomed Rahul Gandhi’s visit, adopting a conciliatory tone and underlining the importance of opposition voices in a democracy.

“This is how democracy works,” Mahajan said, adding that the opposition has a responsibility to raise issues affecting the public. She recalled that when her party was in the opposition, it fought strongly to earn people’s trust by standing with them during difficult times.

Chief minister warns against ‘politics over tragedy’

In contrast, Madhya Pradesh Chief Minister Mohan Yadav issued a sharp warning without naming Rahul Gandhi directly, cautioning against what he described as politicisation of a tragedy.

“We have faced this difficult phase with sensitivity,” the chief minister said. He added that Indore would not tolerate politics being played over deaths and stressed that protests must remain constructive, warning of serious consequences if the issue is used for political gain.

Closed-door meeting fuels political discussion

Adding to the political churn, Madhya Pradesh Congress president Jitu Patwari met Sumitra Mahajan at her residence in a closed-door meeting. The discussion focused on the Bhagirathpura water contamination incident and possible long-term solutions, fuelling speculation across political circles.

Speaking to the media later, Patwari said the tragedy should not be turned into a political contest. “This is not just a political issue, it is a serious public health issue,” he said, noting that several parts of Madhya Pradesh are facing problems related to contaminated drinking water.

Patwari stressed that ensuring access to clean and potable water should take precedence over political rhetoric. He said the government must focus on protecting Indore’s reputation and safeguarding the future by strengthening the city’s water supply system.

Responding to queries, Sumitra Mahajan said Patwari had been meeting her for a long time and spoke positively about his efforts. She confirmed that the discussion centred on the Bhagirathpura incident and said she offered suggestions, calling for collective efforts to resolve the crisis.

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Suvendu Adhikari files Rs 100-crore defamation suit against Mamata Banerjee

Suvendu Adhikari has moved an Alipore court seeking Rs 100 crore in damages from Mamata Banerjee, alleging defamation over coal scam claims.

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Suvendu-Adhikari

West Bengal opposition leader and BJP MLA Suvendu Adhikari on Friday filed a defamation suit against Chief Minister Mamata Banerjee, seeking Rs 100 crore in damages for allegedly linking him to a coal scam.

In a post on social media, Adhikari said the suit was filed before the court of the civil judge (senior division) at Alipore after Banerjee did not respond to a legal notice sent to her earlier.

Adhikari accused the chief minister of making what he described as “imaginary allegations” and said her silence on the defamation notice had compelled him to move court.

“I honour my commitments while you obfuscate issues and people. Your deceptive silence to the defamation notice pertaining to your vile imaginary allegations of my involvement in some alleged coal scam will not help you salvage the situation,” Adhikari wrote on X.

He added that he had kept his word of initiating legal action and shared a photograph related to the registration of the civil suit.

Adhikari also stated that if damages are awarded in his favour, the amount would be donated to charity.

Legal notice and allegations

According to Adhikari, the legal notice sent through his advocate referred to statements made by Banerjee on January 8 and 9, during which she allegedly linked him and Union Home Minister Amit Shah to an alleged coal scam while claiming to possess evidence.

In the notice, Adhikari had asked Banerjee to substantiate the allegations within 72 hours, failing which he would proceed with a defamation suit.

Adhikari, who was earlier a minister in the Trinamool Congress government, joined the BJP ahead of the 2021 West Bengal Assembly elections and is currently the leader of the opposition in the state assembly.

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