This reverses the trend of the past, when cases against former and sitting legislators took years to be decided by trial courts, allowing elected representatives to continue their political careers unmindful of the threat of disqualification under Representation of the People Act upon conviction in a corruption case or conviction and sentence of imprisonment for two or more years.
SC in 2013 had quashed Section 8(4) of RP Act that allowed convicted legislators, who were sentenced to more than two years, to retain their seat in the House if they filed an appeal against conviction in a higher forum within 90 days of the judgment. At present, disqualification is automatic on conviction and the MP/MLA can get back his seat in the House only if a higher forum stays the conviction and sentence.
Compiling data with assistance from advocate Sneha Kalita on pending cases against former and sitting MPs and MLAs, amicus curiae and senior advocate Vijay Hansaria in his 20th report in the petition by Ashwini Upadhyay told SC that for Lok Sabha elections 2024 Phase-I and Phase-II, out of 2,810 candidates (Phase-I – 1,618, and Phase-II – 1,192), 501 (18%) candidates have criminal cases against them, out of which 327 (12%) are serious in nature (punishable with imprisonment of five years and more).
Hansaria detailed the encouraging trend in disposal of criminal cases against legislators. Of the 4,697 cases pending as on Jan 1, 2023, trial courts had decided 2,018 cases (43%). However, another 1,746 cases were added against legislators last year, taking the pendency to 4,472.
Uttar Pradesh had the highest number of criminal cases against sitting and former MPs and MLAs at 1,300, of which it disposed of 766 cases (59%). However, as many as 610 fresh cases against legislators found their way to the designated courts in the state, taking the pendency to 1,146 cases, the highest pendency of such cases in states.
Interestingly, Delhi courts achieved almost 100% disposal of such cases last year by deciding 103 of 105 pending cases. However, another 108 were added to the tally taking the pendency to 110. But the disposal rate of cases last year against legislators remained abysmal in Haryana (10%; five out of 48), Himachal Pradesh (11%; eight of 72), J&K (zero out of 13), Odisha (12%; 56 of 440), Telangana (18%; four of 22), and Bihar (32%; 171 of 525).
Number of criminal cases pending trial against sitting and former MPs/MLAs in UP was 1,144, Bihar 483, Maharashtra 424, Odisha 423, Kerala 334, Madhya Pradesh 321, Tamil Nadu and Karnataka 242 each, and Jharkhand 151.
Though trials have been expedited because of SC monitoring, the amicus curiae said criminal cases against legislators did not reach the trial stage as investigation was slow in many cases. Hansaria in his report informed the court about a Punjab and Haryana HC order expressing dismay at the pace of investigation into such cases.
The amicus said a large number of cases was pending investigation for a long period. He drew the SC’s attention to a Punjab and Haryana HC order of Sep 29, 2022, which said, “The process and investigation according to the statute requires to be completed within the time stipulated, but it appears that cases of MLAs and MPs are being put on different pedestal and inaction on the part of the investigating agencies is writ large.”
Hansaria said the HC had noted that in one FIR of 2005, sanction for prosecution against 31 accused persons was still pending. He requested the SC that HCs which have registered suo motu petitions to monitor such cases in their jurisdictions should consider and pass appropriate orders for time-bound completion of investigation of criminal cases pending against MP/MLAs.