The report was submitted following an order issued by the apex court on a PIL filed by BJP leader and advocate Ashwini Upadhyay, who urged the court to give directions for speedy trial of criminal cases against sitting and former lawmakers. The SC had directed the Registrar Generals of all High Courts to bring on record the information in connection with pending cases against lawmakers. “There are 413 cases in respect of offences which are punishable with imprisonment for life, out of which in 174 cases sitting MPs/MLAs are accused,” the affidavit said.
The report compiled by amicus curiae and senior advocate Vijay Hansaria stated that sitting legislators are accused in 2,556 cases. He also provided the state-wise list of cases where trials are pending due to stay orders from superior courts. “Trial of 352 cases have been stayed by the High Courts and this Court,” said the affidavit, according to a news agency.
According to the report, there are 1,217 pending cases including 446 cases having sitting legislators as accused in Uttar Pradesh while in Bihar, there are 531 cases (256 legislators accused). There are 324 pending cases in Tamil Nadu, 330 in Maharashtra, and 331 in Orissa.
The affidavit said many cases are registered under the Prevention of Corruption Act, Prevention of Money Laundering Act, Arms Act, Prevention of Damage to Public Property Act and defamation under section 500 IPC. Hansaria suggested that the special courts should prioritise cases involving offences punishable with death or life imprisonment.
“Each High Court shall register a suo motu case with the title ‘In Re: Special Courts for MPs/MLAs’ to monitor the progress of cases pending in the state and ensure compliance of directions of this Court,” said the affidavit
Prasanta Patnaik