Gauhati High Court gives details against legislators to Supreme Court

GUWAHATI: The Supreme Court of India is going to hear the cases against legislators, including former ones, on September 16. In a significant development, the apex Court has asked the Central government to clarify within six weeks its stand on banning such legislators from contesting elections for life, if convicted.

The Gauhati High Court has given details of cases, including cases under the Prevention of Corruption (PC) Act, against legislators to the apex Court. Generally cases under the PC Act are investigated by the CBI (Central Bureau of Investigation).

Since a number of High Courts are yet to give details of cases pending against legislators of their respective jurisdictions to the Supreme Court, the apex Court has asked them to give details of cases, including those under the PC Act. The apex Court has set Wednesday next as the date of hearing of the cases.

The Supreme Court said that the PIL sought ban on contesting polls for life to those legislators who would be convicted in the criminal cases pending against them. On this crucial point, the Supreme Court has asked the Central government to clarify its stand within six weeks.

The nature of the cases against the 35 legislators from Assam is such that the offences of 12 of them, if convicted, amount to life imprisonment. Two of the cases in Assam under Section 302 IPC (charge of murder) are of incidents occurred in 2001 and 2007. In one of these two cases, as many as 90 witnesses have been examined, and 80 others are still to be examined. Another case is related to an incident that occurred in 2016. The charge-sheet in this case was filed in 2017, but the charges have not been framed. In another case of 2001 in Assam, also under Section 302 IPC, the trial has been stayed by the Gauhati High Court.

A sitting MP of Assam has four cases, all of which are offences punishable with life/death. These cases relate to incidents of 1998, 2005 and 2012. While some of the witnesses have been examined, a large number of others have not been.

For the interest of the investigation, the names of the accused legislators have not been disclosed.

What have made the apex Court to express shock are the oldest criminal cases against MLAs/MPs in Punjab date back to 1983. "This is shocking," said Justice NV Ramana. The other judges of the bench are Justice Surya Kant and Justice Hrishikesh Roy.

The Supreme Court directed the Registrar Generals of High Courts to bring on record the information in connection with pending cases against lawmakers. "There are 413 cases in respect of which offences are punishable with imprisonment for life, out of which in 174 cases sitting MPs/MLAs are accused," the affidavit said.

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