The top court was hearing a PIL demanding fast-tracking of trials against sitting and former Members of Parliament and State Assemblies on Tuesday.
Finding the number of Special Courts to try pending criminal cases against sitting and former legislators inadequate, the Supreme Court directed high courts of respective states to designate more special courts. These will deal with cases involving offences punishable with life term or death sentence on priority.
The top court was hearing a PIL demanding fast-tracking of trials against sitting and former Members of Parliament and State Assemblies on Tuesday. A compilation was prepared by senior advocate Vijay Hansaria, the amicus curiae in a PIL filed by lawyer Ashwini Kumar Upadhyay, and submitted to the bench headed by Chief Justice of India Ranjan Gogoi.
Hansaria compiled the responses of states/UTs and the submission had details on the number of cases referred to the 12 special courts set up to deal with such cases. Currently, only 1,650 cases are pending with special courts.
The apex court directed state high courts and states to provide information on the pending cases.
The compilation showed that God's Own Country had earned a dubious honour: It has raced ahead of states such as Uttar Pradesh, Bihar and Maharashtra to have the most number of criminal politicians in power.
There are 256 sitting MLAs and 57 sitting MPs in Kerala charged with criminal cases. Among them, MLA MM Mani stands out. He was charged with murder in a case dating back to November 12, 1982, but the charge sheet against him came about only on November 18, 2015; and the trial is yet to begin as charges have not been framed. There are others like him who face multiple charges, some offences serious enough to earn life sentence.
Kerala's list of dishonour includes Kadakampalli Surendran (24 cases), Antony John (18 cases), CK Saseendran (15 cases), AN Shamsheer (15 cases).
Two other MLAs face murder charges – Naushad (FIR 1094 dated November 24, 1997) and TV Rajesh (FIR 136 dated February 20, 2012) where the trial is yet to begin.
Uttar Pradesh comes second with 308 cases naming sitting legislators. And if taken into account cases pending against former MPs/MLAs as well, then UP is numero uno with 990 cases. Here too are traces of the high and mighty's attempts to scuttle the criminal justice system — former MP Ateeq Ahmed has 22 FIRs pending against him, all involving offences punishable with death sentence or life term. However, he has not been convicted in a single case.
Maharashtra comes third with 290 sitting tainted netas, followed closely by Odisha (220), West Bengal (213) and Bihar (146).
Combining all states, there are 4,122 criminal cases against sitting and former MPs/MLAs, of which 2,324 are lawmakers presently in office. A good 430 out of 4,122 cases are offences punishable with life sentence or death.
The Court directed special courts in Kerala and Bihar to submit a monthly report to respective high courts, which will be dealt by the apex court on December 14.
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