44 pc Lok Sabha members, 31 pc of Rajya Sabha and 43 pc state legislators have criminal cases

Satya Prakash

New Delhi, July 25

As many as 44% Lok Sabha members and 31% Rajya Sabha members have criminal cases pending against them while 43% state legislators face criminal cases, the Supreme Court has been informed.

In his latest report filed in the top court, amicus curiae and senior advocate Vijay Hansaria submitted that 5,097 cases were pending against MPs/MLAs, out of which more than 40% i.e. 2,122 cases were pending for more than 5 years.

Citing a July 2022 report of the Association for Democratic Rights, Hansaria’s report stated that 236 out of 542 Lok Sabha members (44%), 71 out of 226 Rajya Sabha members (31%) and 1,723 of 3,991 state legislators (43%) had criminal cases pending against them.

According to the report, there were 100 cases against MPs/MLAs in Punjab. In 20 cases charges have been framed while in 11 cases proceedings were stayed and in the rest 80 cases charges have not been framed.

In Haryana, there were 49 cases pending against MPS/MLAs. In seven cases charges have been framed while in 10 cases proceedings were stayed and in the rest 42 cases charges have not been framed.

Similarly, in the Union Territory of Chandigarh, there were nine cases pending against MPS/MLAs. In only one case charges have been framed while in another one case proceedings were stayed and in the rest eight cases charges were yet to be framed.

The top court – which has been hearing a PIL filed by advocate Ashwini Kumar Upadhyay on the issue since 2016 – had earlier asked all high courts to furnish details of criminal cases pending for over five years against MPs and MLAs, and the steps taken for their speedy disposal. The report has been prepared after collating the information supplied by various high courts.

In his 18th report, Hansaria urged the top court to fix a date to examine the constitutional validity of Section 8 of the Representation of People Act, 1951 which limits the period of disqualification of a convicted person to contest an election only for six years from the date of his-her release from jail on completion of sentence.

A Bench led by CJI DY Chandrachud had on July 11 allowed high courts concerned to transfer judges of special courts dealing with cases against MPs/MLAs “after obtaining the approval of the Chief Justice of the High Court on the administrative side”.

However, it had asked the Chief Justice concerned to ensure that some other judicial officer was posted against such vacancy and that transfer shall be subject to the condition that there was no case pending for final judgment after conclusion of arguments.