Kerala MPs and MLAs, who are facing criminal prosecution in various courts, will soon stand trial at a special court in Kochi. The special court, with all-Kerala jurisdiction, will be one among the 12 such courts coming up in the country for speed-tracking of cases involving law makers. The Supreme Court, while considering a Public Interest Litigation, had issued an ultimatum to States to set up the special courts before March 1.
Going by the data compiled by the High Court of Kerala, there are 178 cases, mostly for unlawful assembly, pending against the Kerala legislators.
The Special Court in Kochi will be established in the category of Additional Chief Judicial Magistrate court. All the cases that are pending before the magistrate courts against the legislators in different parts of the State would be transferred to the new court. A judicial officer in the rank of Chief Judicial Magistrate would be identified for heading the special court, judicial sources said.
Barring three sessions offences (offences of major nature) and two cases which could be tried by a Vigilance Special Judge, no serious offences are pending against Kerala legislators.
One case of attempt to murder and a case of rape are in the committal stage (the process of sending the criminal case from a magistrate court to sessions court for trial). Such cases will be tried in those courts. The State has moved for the withdrawal of some cases registered against legislators, judicial sources said.
The offences that would be tried against the legislators at the special court include cases for the destruction of public property, unlawful confinement, mischief, hurt, breach of trust, theft and misappropriation of funds. The maximum punishment awarded to the guilty is imprisonment up to three years and a fine of ₹10,000 or both.
An affidavit filed by the Centre in the Supreme Court had indicated that there were 1,581 cases involving MPs and MLAs across the country.
