The Supreme Court on Friday described as “very disturbing” the situation for Indian democracy when 162 MPs are facing criminal cases and issued notices to the Centre and states on a PIL by a group of prominent citizens seeking fast-track trials of these cases.
A bench of Justices P. Sathasivam and Jasti Chelameswar issued notices to the Centre and the states on a PIL moved jointly by former CEC J.M. Lyngdoh, former Chief of Air Staff S. Krishnaswamy, former Punjab DGP Julio Ribeiro, former BSF DGP Prakash Singh and other prominent citizens.
The court gave the Centre and states four weeks to submit their responses to the PIL in affidavits.
“All contesting respondents — Election Commission, Union of India and all the states — be directed that pending trials with regard to all MPs and state legislators facing criminal cases may be transferred to fast-track courts/special courts to ensure speedy and time-bound disposal,” said the PIL, presented by advocate Rajiv Dhawan.
Mr Dhawan urged that in cases where investigation is not yet over against MPs and MLAs because of obvious reasons of “political interference”, the probe should be handed over to an independent investigating agency or a special investigating team in order to expedite trial.
While referring to the recommendations of various commissions and committees on politico-criminal nexus, including the N.N. Vora Commission and Malimath Committee reports, the PIL cited the latest figures from Election Commission records about criminal cases against legislators.
It said that in the 2004 Lok Sabha elections 128 MPs with criminal backgrounds were elected and 55 of them faced charges of a very serious nature. It was very unfortunate that in the 2009 elections there was a 30.9 per cent increase in MPs with “criminal background” as in the present Lok Sabha their number increased to 150 and 72 of them faced “very grave” charges.
If Rajya Sabha members with criminal backgrounds are included, the total of such MPs in Parliament is 162, Mr Dhawan said, adding that the situation in the state legislatures was far more shocking.
These prominent citizens pointed out that this trend was very “dangerous” for Indian democracy and could not be taken lightly or swept under the carpet as these legislators elect the Prime Minister and CMs and many of are appointed ministers themselves.
“They play a pivotal role in shaping policies and programmes for the welfare of the people through appropriate legislation“ and what would be the fate of the nation if such people were allowed to decide the destiny of 1.20 billion people, the petitioners asked.