Peeved over pending cases against MPs and MLAs, Supreme Court directs probe agencies to approach HCs for lifting stays

The CJI said that in most of the cases are stayed by High Courts, and asked the investigating agency why do they not approach the High Courts for lifting of stay in trails cases.

New Delhi: A report related to pending cases against MPs and MLAs was submitted before the Supreme Court in a sealed cover on Tuesday by Senior Advocate Vijay Hansaria, who was appointed as the amicus curiae in such cases. 

Amicus Curiae Vijay Hansaria said that the facts and figures of the reports of ED, CBI, and NIA are shocking, adding that there are cases against 51 MPs and former MPs under money laundering. Of these cases, investigation is going on in 28 cases, while the 4 cases are under trial. 

Out of 71 cases registered against MLAs, the probe is pending in as many as 48 cases, only a few are under trial while investigation and trial are pending in most of the cases. 

Solicitor General Tushar Mehta also submitted before the apex court that there are 5 cases pending in NIA court against MPs and MLAs.

Expressing concern over the pending cases, Chief Justice of India (CJI) NV Ramana said that it is easy to say that the trial will be expedited but the reality is that a total of 76 cases are pending against MPs/MLAs, and 37 are pending with the CBI.

The CJI said that in most of the cases are stayed by High Courts, and asked the investigating agency why do they not seek lifting of stays from the High Courts.

The Chief Justice further expressed his displeasure and said that there is no reason for not filing chargesheet for 10 to 15 years in pending criminal cases against MPs/MLAs, adding that merely attaching properties will do nothing.

A three-judge bench led by the CJI also mulled over forming a special bench to monitor the progress of investigation and trial of criminal cases involving politicians.

The apex court reportedly agreed to several suggestions given by the Amicus Curiae and advocate Sneha Kalita in a report, including a freeze on the transfer of judicial officers trying criminal cases involving lawmakers.

Notably, the Amicus Curiae’s report had suggested a minimum tenure of two years for these trial judges.

Last year in September, the Supreme Court had asked the Chief Justices of the High Courts to head special benches and immediately hear long-pending criminal cases against sitting and former MLAs.

Criminal trials have been held up, some for decades, because MPs and MLAs had approached the High Courts and got an interim stay. Of these cases, some date back nearly 40 years, but most of these are stuck at the stage of framing of criminal charges.