Complete Sitting MP, MLAs trials in a year: Supreme Court


NEW DELHI, Mar 11 (DHNS) :The Supreme Court on Monday directed completion of trials involving sitting MPs and MLAs within a year of framing of charges.

A sitting MP or MLA stands disqualified as soon as he or she is held guilty of the offences specified under the Representation of People Act.

The apex court’s order would serve the twin purpose of timely disqualification of a lawmaker in case of conviction and at the same time secure the fundamental right of speedy justice to the accused. Taking up a PIL by an NGO — Public Interest Foundation — a bench of justices R M Lodha and Kurian Joseph said, “We accordingly direct that in cases of sitting MPs and MLAs, who have charges framed against them under offences of the Representation of People Act, the trials are concluded as speedy as possible and in no case later than one year from the date of framing of charges.”

The bench also directed that the trials in such cases must be conducted on a day-to-day basis. In case, the trials are not concluded within one year due to extraordinary circumstances, the court said, the trial judge should submit a report to the chief justice of the concerned high court, apprising him of the “special reasons” for the delay.


“It is observed that in such situations, the chief justice may issue appropriate directions to the concerned court for expediting the trial,” the court added.

During the hearing, the court asked Additional Solicitor General Paras Kuhad, appearing for the Centre to ensure augmented budgetary allocation for the judiciary to meet infrastructure requirement.

“We would want you (Centre) to have more funds so that there are more courts, more judges and sufficient infrastructure. Speedy justice is an important facet of Article 21 (right to life and liberty). We think all trials should be completed within one year and cases of MPs and MLAs are not seen as exception. Till we can do that, we should start from somewhere at least,” it remarked.

  

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Comment on this article

  • Bulsam, Mangalore

    Tue, Mar 11 2014

    Jaago judiciary jaago.
    Aam Aadmis are under your mercy with high hopes.
    Jai Hind!

    DisAgree Agree Reply Report Abuse

  • Naveen, Mangalore

    Tue, Mar 11 2014

    A good move by SC.. This law should have been formulated by elected representatives themselves. However, can we expect anything from these chors if corruption is the issue!!!

    DisAgree Agree [1] Reply Report Abuse

  • Vincent Praveen Castelino, Pernal / Mumbai

    Tue, Mar 11 2014


    This country can be saved only by the "Supreme Court" because the....

    Politicians,Businessmen,Bureaucrats,Lawyers,(A very few Judges & Doctors too) and the last but not the least the "Police" (All Law Makers and Law Breakers!!!) can "Buy" in this country what they want!!!. They don't care for the Judiciary just because they are "Rich and Influential".

    What is the conviction level???
    (Take for example the ongoing Sahara Group's case in the Supreme Court!!!

    Great "Respite" from the Honorable Supreme Court's courage in taking finally the decision as far as "Politicians" are concerned....!!!! But it must be a long run effect and result and not the "Temporary"

    What about the rest!!!!!

    DisAgree Agree [10] Reply Report Abuse

  • Valerian Dsouza, Udupi/Mumbai

    Tue, Mar 11 2014

    To complete trials involving sitting MPs and MLAs within a year is a very important direction by SUPREME COURT.
    More the delay, scope for
    tampering, destroying or intimidating the evidence is more, BECAUSE THEY ARE HIGHLY INFLUENTIAL.
    They have time, money and muscle power, to make a mockery of the justice delivering system.
    Finally, they are acquitted for lack of evidence.

    DisAgree Agree [12] Reply Report Abuse


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