Each court in lower judiciary is dealing with more than 4,000 cases. It will be impossible to dispose those involving politicians without dedicated courts: Supreme Court
The Supreme Court made a strong pitch for decriminalisation of politics on Wednesday and asked the Central government to come back, within six weeks, with a plan to set up special courts to try cases involving MPs and MLAs. The court said speedy disposal of these cases was in the "interest of the nation."
The court said that each court in the subordinate judiciary is dealing with more than 4,000 cases, and it will be impossible to dispose those involving politicians unless dedicated courts were set up to complete trial in a year.
The observations were made by a bench comprising Justices Ranjan Gogoi and Navin Sinha when the court was hearing a petition that seeks a life ban on convicted politicians from contesting elections.
The Representation of the People Act says a politician sentenced to two years or more is disqualified from contesting elections for six years from the date of his/her release from prison after the conclusion of the term.
Additional Solicitor General (ASG) Atmaram Nadkarni submitted that the Central government was not "not averse to setting up of special courts, besides quick and early disposal of criminal cases involving politicians." He said that recommendations forwarded by the Election Commission and the Law Commission were under "active consideration."
"Government of India's stand is that decriminalisation of politics has to be done," Nadkarni said. To which, the court asked: "Can there be any other stand?"
However, when the Centre asked if these courts could be merged with existing special CBI courts, the bench said, "No, do not combine them with anything else, it is in the interest of the nation."
The bench then asked the Centre, how many of the 1,581 cases involving MLAs and MPs (as declared at the time of filing of nomination papers in 2014) have been disposed of within the timeframe of one year as envisaged by the top court in its March 2014 order. The court sought data on how many of these cases, which have been decided, have ended in acquittal/conviction. It also sought additional details on recent criminal cases lodged against any present or former legislator between 2014 and 2017.
The apex court was hearing a petition filed by Ashwini Upadhyay that seeks life ban on convicted lawmakers from contesting elections. He has also sought directions for special courts to decide cases involving legislators and public servants within one year.
The court wants fast track courts set up by the Central government for a period of five years, which were extended further, but the scheme has now been discontinued.
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