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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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Congress puts UP house in order ahead of alliance talks with Samajwadi Party

Congress has intensified its preparations for the 2027 Uttar Pradesh Assembly elections ahead of alliance talks with the Samajwadi Party, with Priyanka Gandhi Vadra tasked with key organisational responsibilities and candidate selection.

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Rahul akhilesh

The Congress has begun strengthening its organisational structure in Uttar Pradesh ahead of proposed alliance discussions with the Samajwadi Party for the 2027 Assembly elections. With negotiations expected to begin after Chhath Puja, the party leadership has entrusted Congress general secretary Priyanka Gandhi Vadra with several key responsibilities in the state.

Rahul Gandhi has asked his sister to oversee the party’s preparations in Uttar Pradesh, where the Congress is looking to strengthen its position before entering seat-sharing negotiations with Samajwadi Party chief Akhilesh Yadav.

No date has been finalised for the discussions. However, party insiders expect the talks to begin after the Chhath festival.

Priyanka Gandhi gets key responsibilities

Priyanka Gandhi’s responsibilities include overseeing the formation of the party’s manifesto, campaign and coordination committees.

She has also been tasked with organising four major rallies across Uttar Pradesh’s Purvanchal, Bundelkhand, Awadh and Western regions.

One of her most important responsibilities will be identifying candidates for around 100-115 constituencies. The party wants to shortlist leaders who can challenge the BJP while remaining aligned with the Congress’s ideology.

Priyanka Gandhi has also increased her involvement in the state’s political affairs, partly to address unnecessary public statements by Congress leaders that could affect the party’s relationship with the Samajwadi Party.

Congress-SP alliance talks and seat-sharing differences

The Congress leadership is reportedly satisfied with the Samajwadi Party’s participation in the November 1 rally at Delhi’s Ramlila Maidan, where the SP brought a large number of workers.

A senior Congress leader told the media that there would be no major hurdles in forming an alliance with the Samajwadi Party for the Uttar Pradesh Assembly elections.

The final decision, however, will be taken by Rahul Gandhi, Priyanka Gandhi Vadra and Akhilesh Yadav, the leader said.

Despite the positive signals, differences over seat-sharing remain an important issue between the two parties.

Some Congress leaders have claimed that the party has already prepared a list of 180-200 constituencies. Others have maintained that the Congress should not be taken lightly during negotiations.

Samajwadi Party leaders, however, have indicated that the Congress should consider a figure closer to 80-100 seats.

Priyanka Gandhi has reportedly instructed the Uttar Pradesh Congress leadership, including the state in-charge, state president, working presidents and other office-bearers, to avoid unnecessary public statements that could negatively affect the proposed alliance.

Samajwadi Party gains confidence after MLC election results

The Samajwadi Party is also entering the proposed negotiations with increased confidence following its performance in the recent Uttar Pradesh Legislative Council elections.

The party won five of the 11 seats that went to polls. It had previously held only three of those seats.

The MLC elections were considered an important test for the party ahead of the 2027 Assembly elections.

Following the results, Akhilesh Yadav described the BJP’s performance as a “double defeat” and said the outcome had laid the groundwork for the Samajwadi Party’s victory in the next Assembly elections.

Swami Prasad Maurya could become a point of friction

Another issue that could complicate the Congress-SP relationship is Swami Prasad Maurya.

Akhilesh Yadav is understood to have reservations about Maurya, while Congress leader Rajendra Gautam, who is in charge of the state, considers him a friend.

Maurya had won the 2017 Uttar Pradesh Assembly election on a BJP ticket and served as a minister in the state government. He subsequently joined the Samajwadi Party ahead of the 2022 Assembly elections but lost his election.

He later formed his own political party, the Janata Party, and has frequently criticised Akhilesh Yadav and his PDA (Pichhda, Dalit, Alpsankhyak) platform.

The Samajwadi Party has made it clear that it does not want Maurya included in the proposed alliance under any circumstances.

This leaves the Congress with a difficult choice. If it decides to accommodate Maurya, it may have to allocate him a constituency from its own share of seats rather than the Samajwadi Party’s quota.

With alliance discussions approaching, the Congress is focusing on strengthening its organisation and identifying potential candidates before negotiating with Akhilesh Yadav’s party.

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PM Modi, Zelensky discuss Russia-Ukraine war and peace efforts

PM Modi spoke with Ukrainian President Volodymyr Zelenskyy on Monday and reiterated India’s readiness to contribute to efforts for a peaceful resolution of the Russia-Ukraine conflict.

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Prime Minister Narendra Modi spoke with Ukrainian President Volodymyr Zelenskyy on Monday and discussed the ongoing Russia-Ukraine conflict, diplomatic developments and efforts aimed at restoring peace.

The conversation also covered India-Ukraine bilateral cooperation, with both leaders agreeing to further strengthen ties between the two countries.

Modi reiterates India’s position on Ukraine war

During the telephone conversation, PM Modi reaffirmed India’s commitment to contributing towards a peaceful resolution of the conflict.

According to the Prime Minister’s Office, Modi reiterated India’s consistent position that the conflict should be resolved through dialogue and diplomacy. He also conveyed India’s readiness to contribute to efforts aimed at achieving a peaceful resolution.

Modi said he thanked Zelenskyy for sharing his perspective on the ongoing conflict, including its humanitarian aspects and the various efforts being made to restore peace.

Zelensky briefs Modi on diplomatic developments

Zelenskyy said he briefed Modi on the latest diplomatic developments ahead of upcoming peace talks in Abu Dhabi.

The Ukrainian president said Kyiv was preparing for the agenda of the meeting and maintained that Russia should demonstrate a similar willingness to de-escalate the conflict.

Zelenskyy also said Modi had repeatedly conveyed, including directly to Russian President Vladimir Putin, that the time had come to end the war rather than continue it.

India-Ukraine ties also discussed

Beyond the conflict, Modi and Zelenskyy reviewed their countries’ wide-ranging bilateral cooperation and agreed to strengthen India-Ukraine ties further.

Zelenskyy also said discussions touched on food security and the disruption of grain exports through the Black Sea. He said India was ready to help mediate efforts to establish food corridors, with the two sides agreeing to keep their teams in contact on this and other bilateral issues.

The call comes as diplomatic efforts continue around the Russia-Ukraine conflict, with talks in Abu Dhabi forming part of the latest efforts to explore a path towards ending the war.

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PM Modi extends greetings to Uttarakhand on foundation day

Prime Minister Narendra Modi extended greetings to the people of Uttarakhand on Foundation Day, praising the state’s cultural heritage, natural beauty and development.

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PM Modi

Prime Minister Narendra Modi on Monday extended greetings to the people of Uttarakhand on the occasion of the state’s Foundation Day, praising its spiritual heritage, natural beauty and development journey.

In a message posted on X, PM Modi described Uttarakhand as a land enriched by spiritual consciousness, mountain landscapes, sacred rivers and the Char Dham. He also highlighted the state’s distinct identity rooted in its cultural heritage.

PM Modi highlights Uttarakhand’s development

The Prime Minister credited the people of Uttarakhand for the state’s progress, saying their hard work, talent and progressive outlook had helped it reach new heights across different sectors.

He expressed confidence that Uttarakhand would continue to move rapidly along the path of development. PM Modi also wished happiness, peace and prosperity to the people of the state on the occasion.

Why Uttarakhand celebrates Foundation Day

Uttarakhand Foundation Day is observed every year on November 9. The state was formed on November 9, 2000, after being carved out of Uttar Pradesh, becoming the 27th state of India. Dehradun serves as its capital.

The Himalayan state is popularly known as Devbhoomi, or the Land of the Gods. It is home to the four major pilgrimage sites of Yamunotri, Gangotri, Kedarnath and Badrinath, collectively known as the Char Dham.

Yogi Adityanath also greets Uttarakhand

Uttar Pradesh Chief Minister Yogi Adityanath also extended greetings to the people of Uttarakhand on Foundation Day.

Yogi highlighted the state’s natural beauty, folk culture, spiritual heritage and tradition of valour. He also said that Uttarakhand was setting new benchmarks for development under the guidance of PM Modi and the leadership of Chief Minister Pushkar Singh Dhami.

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