Pending cases against MLAs, MPs: Gauhati High Court takes steps to expedite hearing

Supreme Court to hear plea for ban on convicted MPs and MLAs from contesting elections

STAFF REPORTER

GUWAHATI: As many as 75 cases are pending against MLAs (Members of Legislative Assembly) and MPs (Members of Parliament) in different courts in Assam. And 33 of the 75 cases have been pending for over five years. The Gauhati High Court has taken some measures for the speedy disposal of cases.

The status report of pending cases against MLAs and MPs in the state submitted to the Supreme Court by the Gauhati High Court says that "we gave short dates to expedite disposal of cases. We issue summonses on a priority basis to ensure the attendance of the accused and the prosecution witnesses. There are two special MP/MLA courts in the Kamrup (M) district, and other districts have regular criminal courts assigned for trial".

The number of cases against MLAs and MPs in the state was 66 in 2018 but rose to 75 by November 12, 2022. This report is part of the Ashwini Kumar Upadhayay versus Union of India and other cases (write petition number 699/2016) wherein the petitioner prayed before the Supreme Court to expedite the hearing of pending cases against MLAs and MPs. Cases are mostly corruption, criminal and forgery related. The examinations of witnesses have not started in some of the cases of 2014/15. A few cases of 2006 are at the evidence-collection stage.

ANI adds from New DELHI: The Supreme Court on Tuesday posted for next week's hearing in a plea seeking to debar convicted Members of Parliament and State Legislative Assemblies from contesting elections for life.

A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli and JB Pardiwala said that it will hear the matter next week as it was hearing other matters.

A recent status report submitted before the Enforcement Directorate (ED) stated that there are 51 MPs and 71 MLAs, sitting and former, who stand accused by the agency of offence under the Prevention of Money Laundering Act (PMLA).

The report does not specify exactly how many of those are sitting MPs/MLAs and how many are former MPs/ MLAs.

The Central Bureau of Investigation (CBI) has also submitted a similar report stating that a total of 121 cases are pending trial against sitting and former MPs and MLAs.

The number of MPs involved in those cases is 51 out of which 14 are sitting, 37 are former and 5 are deceased. The report further stated that 112 MLAs are involved in CBI cases out of which 34 are sitting, 78 are former and 9 are deceased.

The number of cases pending investigation against MPs and MLAs by the CBI is 37, the report of the CBI submitted.

Hansaria also filed a report pursuant to an order passed by the court seeking a status report relating to the pendency and grant of sanctions for prosecution, the expected time for completion of the investigation and reasons for the delay in the same.

In his report Hansaria highlighted a "glaring case of inordinate delay" in the trial of cases against lawmakers, submitting that many cases were pending for over five years.

He sought directions to ensure that courts dealing with the case against lawmakers should exclusively try such issues.

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