New Delhi | The Supreme Court has been informed that a total of 151 cases are pending against sitting and former MPs/MLAs in special CBI courts across the country and 58 cases carry life imprisonment. However, in about one-third of cases, the trial is proceeding at a snail’s pace – charges have not been framed, whereas crimes were committed several years ago. Senior advocate Vijay Hansaria, appointed amicus curiae in a petition filed by advocate Ashwini Kumar Upadhyay in 2016, seeking directions to expedite criminal proceedings against sitting and former MPs/MLAs, filed a report in the apex court. Is. Advocate Sneha Kalita has assisted him in this matter.
The Fourteenth Report in the matter states “It may be noted that out of 151 cases pending before special courts, CBI, 58 cases are punishable with life imprisonment. In 45 cases, even charges have not been framed.” have been implicated, though the alleged offenses were committed many years ago.”
The CBI has submitted a status report on August 19 mentioning the details of cases pending in various CBI courts and the cases pending under investigation. There are 37 pending CBI cases against MPs/MLAs.
The oldest pending case is in Patna, where the charge sheet was filed against the accused on June 12, 2000. The report has highlighted inordinate delays in several cases pending before CBI courts in different parts of the country.
As per the status report of the Enforcement Directorate, a total of 51 Members of Parliament, both present and former, are accused in cases arising out of offenses under the Prevention of Money Laundering Act, 2002. However, the report does not show the number of sitting MPs/MLAs and/or former MLAs.
The report suggested that courts before which cases are pending may be directed to expedite the hearing of all pending cases on a daily basis under Section 309 of CrPC.
“All High Courts may be directed to issue administrative directions to the effect that courts relating to cases investigated by CBI and Enforcement Directorate deal with the cases pending before MPs/MLAs on priority basis,” the report said. And other matters will be dealt with.”
The amicus curiae suggested that if additional courts were required, the High Court and the appropriate government would constitute additional special courts.
The report further suggested that a monitoring committee may be set up for cases in which investigations are pending before the ED and the CBI, including former judges of the apex court or former chief justices of high courts, directors ED (or his nominee not below the rank of Additional Director), Director, CBI (or his nominee not below the rank of Additional Director), Union Home Secretary (or his nominee not below the rank of Joint Secretary) not below), and a judicial officer not below the rank of a District Judge to be nominated by the Apex Court.
The amicus curiae suggested that the committee may be constituted within a period of two weeks from the date of the order and it should submit its status report regarding each particular case to the apex court in a sealed cover within two months of its first meeting. .
On August 10, the top court gave the Center a last opportunity to submit a detailed status report regarding the details of pending cases and the stage of trial of cases involving former MPs registered with central agencies, the CBI and others.
Chief Justice N.V. A bench headed by Ramana and comprising Justices Vineet Saran and Surya Kant told Solicitor General Tushar Mehta, “We are reading these reports in newspapers. They don’t send us anything. We get everything in the evening, we already have something.” do not know.”
The CJI said that in September last year, the court had given time to the Center to file a detailed status report, then in October again sought time and the situation remains the same even today.
He noted, it doesn’t work. “What more can we say to express our displeasure, we were told that the Center is concerned about pending cases against MPs/MLAs,” he said.
