The Supreme Court has decided to hear “at length” a plea that convicted parliamentarians and State legislators, former and sitting, should be disqualified and banned for life from contesting elections to Parliament or Assemblies.
A Bench led by Chief Justice N.V. Ramana said the plea raises a “vexed question” with “far-reaching ramifications and consequences”.
“We deem it necessary to hear the matter at length on an appropriate date, after giving opportunity to all the stakeholders,” the apex court observed in a 12-page order published on Thursday.
As of now, convicted politicians are banned from polls for six years.
The plea for a lifetime ban was suggested by senior advocate Vikas Singh. The senior lawyer had pointed out that “if bureaucrats can be fired if caught stealing ₹10, politicians convicted of heinous offences should be banished from contesting elections”.
The CJI Bench further said more Special CBI Courts need to be set up in places where more than 100 cases are pending “to ensure easy accessibility to the witnesses and de-congestion of existing Special/CBI Courts”.
The apex court directed the Centre and the States to provide High Courts infrastructure facilities to set up new CBI courts.
The order is based on the alarming pendency rate of CBI cases as per a status report submitted by the premier agency in a sealed cover in the Supreme Court on August 10.
The report showed that 121 cases against sitting and former MPs were pending trial in various CBI courts across the country. Trial in another 112 CBI cases against MLAs, present and former, was also pending. In fact, 37 CBI cases against MPs and MLAs were still at the investigation stage. The oldest of the 37 date back to October 2013.
Some cases go as far back as 2000. Crimes include offences punishable with life imprisonment or even death penalty. Problems include non-appearance of the accused, delay in framing charges, etc.
“We are deeply concerned with the current state of affairs with respect to these cases,” the apex court observed in the order.
The Supreme Court said it may not be humanly possible for CBI judges to deal with the volume of work piled on them.
“The High Courts shall constitute Special/CBI Courts wherever such additional courts are required to be set up for expeditious disposal of pending trials. In the event of any non-cooperation by the Central or State governments, the High Courts shall send status reports to this court for further necessary action,” the Supreme Court order directed.
The court order also recorded the assurance given by Solicitor General Tushar Mehta to “take up the matter” of pending investigations and criminal trial in cases involving MPs and MLAs with the CBI Director.
Similarly, the apex court order observed that a status report by the National Investigation Agency (NIA) on August 24 shows that “no effective steps” have been taken in cases pending against MPs/MLAs.
“It appears that no effective steps had been taken even in the matters where charges were framed in 2018. The cases are stated to be under trial or further investigation,” the Supreme Court pointed out.
Here too, the court order recorded Mr. Mehta’s assurance that he would “take up the matter with the head of the agency to evaluate the need of requisite manpower and other infrastructure as may be required for the speedy trial of these cases”.
