In 2023, MLAs ruled on almost 2,000 criminal charges against MPs, the SC said

According to information provided to the Supreme Court, special tribunals for the trial of criminal matters involving members of Parliament and the Legislative Assembly resolved almost 2,000 cases in 2023.

Senior advocate Vijay Hansaria, who was appointed amicus curiae in a PIL seeking the expeditious disposal of criminal cases against MPs and MLAs, stated in an affidavit that additional instructions are required for the prompt adjudication of pending trials and their investigation under strict supervision by the respective high courts, given that approximately 501 candidates with criminal cases are running in the first two phases of the Lok Sabha elections.

Citing an NGO report titled “Association of Democratic Reforms for the Lok Sabha elections 2024 Phase I and Phase II,” Hansaria, with the assistance of advocate Sneha Kalita, stated that 327 (12%) of the 2,810 candidates (Phase I: 1618 candidates, and Phase II: 1192 candidates) have serious criminal cases against them, accounting for 501 (18%) of the total number of candidates.

“The similar situation occurred during the 2019 Lok Sabha elections, when 1500 candidates (19%) out of 7928 had criminal charges, with 1070 candidates (13%) having major criminal offenses. Nonetheless, 225 MPs (44%) of the 514 elected members of the 17th Lok Sabha (2019–2024) had criminal convictions against them. As a result, candidates with criminal histories have won more seats than those without. According to the affidavit, “in this particular context, it is imperative that this court issue additional orders for the prompt resolution of ongoing trials and investigations, subject to close oversight by the corresponding high courts.”

“It may be noted that in view of the direction issued by this court in the present proceedings, the steps taken by the respective high courts, and the expeditious hearing by the special court MP/MLA, more than 2000 cases have been decided in the year 2023,” stated Hansaria, who is supporting the court in the PIL filed by Ashwini Upadhyay for the swift disposal of cases against the lawmakers. But there are a lot of instances that are still outstanding, many of them for a very long time.”

He presented a tabular chart based on data from several high courts, showing that 2,018 of the 4,697 criminal proceedings against politicians that were resolved last year were still pending as of January 1, 2023.

According to the affidavit, 1,746 new criminal charges were brought in 2023 against MPs and MLAs; as a result, as of January 1, 2024, 4,474 cases were still outstanding.

As of January 1, 2023, the greatest number of cases decided by the special courts in Uttar Pradesh was 766 out of 1,300. By December 31, 2023, Delhi, which began the year with 105 cases, had resolved 103 of them.

As of January 1, 2023, 232 cases out of 476 cases against MPs and MLAs were determined in Maharashtra; 13 cases out of 26 in West Bengal; 30 cases out of 48 in Gujarat; 150 cases out of 226 in Karnataka; 132 cases out of 370 in Kerala; and 171 cases out of 525 cases in Bihar, among other large states.

Although many cases are resolved, a significant percentage of them remain on trial for an extended period of time, according to Hansaria.

Therefore, it is imperative that the High Court request a report from the Special Court MP/MLA presiding officers about all cases that have been waiting for three years or more, together with a copy of the order sheet from the previous year, explaining the cause for the lengthy pendency.

“To ensure that the trial is not impacted, it may be made clear that just a copy of the order sheet—and not the whole case file—is to be supplied. After that, the High Court may provide the necessary directives for the detailed review of every case, positively directing the completion of a trial in less than a year,” he said.

In order to create a model website based on the National Judicial Data Grid and upload real-time data on the status of the trials of MPs, he sought guidance from the highest court. “This court may establish a committee for this purpose, with a sitting judge serving as the committee’s chairman. The affidavit said that the committee can be made up of Chief Justices or judges from certain high courts, an e-Committee member, a nominee from the National Informatics Center (NIC), and any other individuals the court deems suitable.

According to Hansaria, some high courts—namely, those in Delhi, Punjab & Haryana, Telangana, Tripura, and Allahabad—have been keeping a close eye on the status of cases that have been pending for longer than three years by issuing detailed orders that effectively monitor the case’s progress. In contrast, other high courts have only inquired about the status of the cases.

“This court may consider passing appropriate directions so that the high courts in the Suo Motu writ petitions registered in terms of the judgment and order dated November 9, 2023, can closely monitor the progress and pass suitable directions wherever necessary,” read the affidavit.

In a major decision that sought to expedite trials in over 5,000 criminal proceedings against legislators, the Supreme Court ordered high courts to establish a special bench to oversee cases and ensure prompt resolution on November 9 of last year.

Additionally, it had requested that special courts postpone such cases only “for rare and compelling reasons.”

Prioritizing criminal proceedings against members of Parliament, legislative assemblies, and legislative councils was one of the many directives the top court sent out to high courts, district judges, and special courts assigned to hear cases involving legislators.