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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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Trinamool Congress hits back after BJP twists Mamata Banerjee’s remark on religion at Eid event

“Efforts are underway to incite riots, but I implore you not to get ensnared by these tactics. The West Bengal government is dedicated to protecting minority rights, and we will not allow tensions to arise in the state,” she asserted.

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The Trinamool Congress (TMC) on Monday hit back at the BJP after its leaders twisted West Bengal Chief Minister Mamata Banerjee’s remark on religion during an event on the occasion of Eid in Kolkata.

Dismissing the BJP accusations against Banerjee of insulting the Hindu religion, Trinamool Congress state vice president Jaiprakash Majumdar said that the party supremo has never criticised the Hindu religion but has consistently opposed the BJP’s communal agenda.

“She has always spoken out against the BJP’s divisive politics, positioning itself as the self-appointed custodian of Hindu interests,” Majumdar said.

During an Eid celebration in Kolkata, CM Banerjee stated, “I adhere to the principles of Shri Ramakrishna Paramahansa and Swami Vivekananda, and I do not subscribe to the ‘ganda dharam’ propagated by some factions, including the BJP, who themselves are misaligned with true Hindu values.”

Retorting sharply to Banerjee’s remarks about the BJP’s “divisive politics,” the saffron party accused her of undermining Hindu beliefs, labelling the BJP’s ideology as contrary to the core tenets of Hinduism.

Addressing the gathering at Red Road in Kolkata, Banerjee urged citizens to remain vigilant against provocations that could spark communal unrest, affirming the state’s commitment to maintaining peace and harmony.

In reply, Leader of the Opposition in the West Bengal Assembly, Suvendu Adhikari, challenged Banerjee’s comments, asking, “Which faith are you labelling as ‘ganda’ (dirty)? Is it the Sanatan Hindu Dharma? Why would you use such incendiary language at an Eid celebration? Was this a religious observance or a political statement? Your words are sowing discord and animosity between communities.”

Banerjee, the Trinamool Congress supremo, further said that no religion advocates hatred towards others, criticizing political leaders and parties that exploit communal sentiments for their own gain. She cautioned against attempts to instigate riots, urging the public to resist such provocations.

“Efforts are underway to incite riots, but I implore you not to get ensnared by these tactics. The West Bengal government is dedicated to protecting minority rights, and we will not allow tensions to arise in the state,” she asserted.

Challenging the BJP further, Banerjee asked, “If the BJP has grievances with minorities, do they intend to amend the Constitution of the country?”

Reiterating her commitment to interfaith respect, she condemned the BJP’s divisive strategy, which she termed “jumla politics.”

Additionally, she criticized the Left, stating, “The ideologies of the Left and the BJP have converged, but rest assured, I will not allow any harm to befall you.”

Meanwhile, adding to his party leader in attacking the chief minister, BJP IT cell chief Amit Malviya remarked, “Is Mamata Banerjee suggesting that Sanatan Dharma is ‘Ganda Dharam’? Amidst numerous riots targeting Hindus during her tenure, she belittles their faith and offers a platform for further hostility against them, even at an Eid celebration. This is unacceptable.”

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Nidhi Tewari, an IFS officer, appointed personal secretary to PM Modi

Originally from Mehmurganj in Varanasi, which has been Prime Minister Modi’s Lok Sabha constituency since 2014, her professional background adds a layer of significance to her appointment.

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Nidhi Tewari has been appointed as the private secretary to Prime Minister Narendra Modi, as officially announced in a memorandum issued by the central government. Tewari, a 2014-batch Indian Foreign Service (IFS) officer, assumes this critical role following her previous position as Deputy Secretary in the Prime Minister’s Office (PMO) since November 2022.

In her earlier role, Tewari worked as an Under Secretary in the Disarmament and International Security Affairs Division at the Ministry of External Affairs (MEA). There, she handled vital responsibilities related to External Affairs, Atomic Energy, and Security Affairs. Additionally, she managed issues pertaining to the state of Rajasthan, showcasing her diverse expertise in both domestic and international matters.

The formal appointment of Tewari, effective immediately, was approved by the Appointments Committee of the Cabinet. This decision was documented in a memorandum issued by the Department of Personnel and Training (DoPT) on March 29, indicating a structured process behind her selection.

Tewari’s journey to this notable position reflects not only her dedication but also her impressive track record in civil services. She secured the 96th rank in the 2013 Civil Services Examination, a testament to her hard work and determination. Originally from Mehmurganj in Varanasi, which has been Prime Minister Modi’s Lok Sabha constituency since 2014, her professional background adds a layer of significance to her appointment.

Before entering the Indian Foreign Service, Tewari worked as an Assistant Commissioner (Commercial Tax) in Varanasi. Balancing her job responsibilities while preparing for the Civil Services Examination speaks volumes about her ability to manage challenging tasks effectively.

With Nidhi Tewari’s appointment, Prime Minister Modi now has his third private secretary, following Vivek Kumar and Hardik Satishchandra Shah, who have both previously held the position. Tewari’s extensive experience and familiarity with various affairs make her well-suited for this influential role, as she steps into a vital position within the Prime Minister’s close circle. Her diverse background and commitment to public service are expected to serve her well in this new capacity.

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Filmmaker Sanoj Mishra arrested for raping woman for 4 years on pretext of marrying her

The case revolves around allegations made by a 28-year-old woman from a small town, who accused Mishra of repeatedly raping her over four years under the false promise of marriage.

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Sanoj Mishra, a filmmaker known for offering a role to viral sensation Monalisa during the Kumbh Mela, was arrested by the Delhi Police on Monday for allegedly raping an aspiring female actor for over four years on the pretext of marrying her.

The 45-year-old director, who lives with his family in Mumbai, was apprehended in Ghaziabad following extensive intelligence work and technical surveillance.

The arrest came after the Delhi High Court rejected Mishra’s bail application, paving the way for his custody by the Nabi Karim Police Station. The case revolves around allegations made by a 28-year-old woman from a small town, who accused Mishra of repeatedly raping her over four years under the false promise of marriage.

According to the complainant, she had been in a live-in relationship with Mishra in Mumbai while pursuing her dream of becoming a film actor. She further alleged that Mishra coerced her into undergoing abortions on three separate occasions. In her complaint, lodged on March 6, 2024, she also claimed that Mishra betrayed her trust by refusing to fulfill his marriage commitment.

The Delhi Police confirmed that an FIR was registered against Mishra under multiple sections, including rape, assault, causing miscarriage without consent, and criminal intimidation. The woman’s allegations were substantiated during her statement recorded under Section 164 of the Criminal Procedure Code (CrPC). Authorities also collected medical evidence related to the alleged abortions from Muzaffarnagar, strengthening the case.

The incident that prompted the complaint occurred on February 18, 2025, when Mishra allegedly took the victim to Hotel Shiva in Nabi Karim. According to the police, he engaged in physical relations with her during this encounter before abandoning her, which led her to report the matter to the authorities.

Mishra’s arrest marks a significant development in the case, following the Delhi High Court’s decision to deny him bail after a detailed review of the evidence. The filmmaker, who gained attention for his work in the film industry, now faces serious legal consequences as the investigation continues.

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