Political trial courts

THE government’s proposal to set up a dozen exclusive courts for the expeditious trial of criminal cases against over 1,500 MPs and MLAs is apparently on the line of an age-old maxim, “justice delayed is justice denied”. The Supreme Court’s proactive role in goading the Modi government into setting up special courts to try elected politicians is laudable; a lawmaker with a criminal record is a democratic incongruence. The new mechanism’s judicious use will not only purge legislatures of the criminally-tainted, but also send a salutary message: the legal system is stricter and swifter if a crime is committed by the custodian of the Indian democracy.

The move reflects a continuation of an expensive and piecemeal approach to clear the backlog of cases whereas the need really is to increase the number of judges by five times. The previous government had turned its back on fast-track courts as these were a big drain on the exchequer and questions were raised about the quality of justice dispensed. In the past, in order to meet the targets, fast-track court judges often denied full cross-examination and sometimes proceeded in the absence of lawyers. This format may need to be tweaked when dealing with criminally tainted politicians. The process will need greater credibility as well as accountability in the form of in-service resources rather than relying on retired magistrates. The special court format worked for sexual offences: the pace of disposal was much faster than that of trial courts, but the conviction rate was just 32 per cent because witnesses continued to turn hostile and the police did not adequately build up the case. 

While the polity needs to be de-criminalised, it is important to ensure that the process of special courts is not abused for political purposes. Elected politicians, some because of their rough past, are juicy targets for accusations. The police is not above tarring a ruling party’s rival. Besides, there appears to be no judicial remedy against the “convicted” and debarred politicos — like Lalu Prasad and the late J Jayalalithaa — remaining relevant in the political mobilisation game.