The Supreme Court (SC) issued guidelines on November 9 to monitor the speedy disposal of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).
- The directions were given by a CJI DY Chandrachud-led bench while acting on a plea filed by an advocate.
- The plea sought a lifetime ban on convicted politicians, including sitting legislators, from contesting elections rather than subjecting them to the six-year ban, as laid down under Section 8(3) of the Representation of People Act, 1951.
Section 8 of the RP Act, 1951
- Section 8 of the RP Act, 1951, specifically deals with disqualification of legislators on conviction for offences like promoting enmity between two groups, bribery, and undue influence, along with hoarding, profiteering, or adulteration of food or drugs.
Guidelines
- The court called on the chief justices of various high courts across the country to set up a “special bench” to review and monitor the progress of criminal cases against lawmakers.
- Such cases can be heard by a CJ-led special bench or a bench designated by her, the court said that such cases can also be listed at regular intervals, if necessary.
- The special bench may also call upon the advocate general or prosecutor to assist the court.
- The court said that priority shall be given to cases against lawmakers that are punishable with death or life imprisonment. Besides this, cases punishable with 5 years imprisonment or more will also be prioritised.
- The court also ruled that High Courts can call upon the Principal District and Sessions Judge to take on the responsibility of allocating “subject cases” to such courts, as considered appropriate.
- The High Courts can also ask the lower court judges to send reports at timely intervals.
