In a momentous update regarding the unresolved criminal cases involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs), Senior Advocate Vijay Hansaria, designated as the amicus curiae by the Supreme Court, has presented his 18th report on the issue.

According to the latest report dated November 14, 2022, Senior Advocate Hansaria pointed out that the percentage of lawmakers facing criminal charges remains distressingly high. As of July 2022, 44% of Lok Sabha members and 31% of Rajya Sabha members had criminal cases pending against them. Additionally, out of the 3991 State Legislators, a staggering 43% (1723 legislators) were also entangled in criminal cases.

The report further revealed that out of the 5,097 cases pending against MPs/MLAs, more than 40% (2,122 cases) have remained unresolved for over five years, indicating a significant delay in the dispensation of justice.

To expedite the trial process and address the issue, the amicus curiae had proposed various measures in his 17th report, including the use of technology for witness examination and accused appearances. He also recommended the cancellation of bail for accused individuals who deliberately delay trials and suggested reporting cases of non-cooperation from the prosecution to the Chief Secretary of the State. Moreover, the amicus emphasized prioritizing cases involving sitting legislators over former legislators.

In response to the amicus's submissions, the Supreme Court directed all High Courts to provide their response. In his 18th report dated May 3, 2023, Senior Advocate Hansaria informed the court that the High Courts had substantially agreed with his suggestions for expediting the trials.

The Apex Court had previously issued an order on August 10, 2021, preventing the transfer of Presiding Officers of Special Courts dealing with cases against MPs/MLAs without the court's approval. However, in a recent modification on July 11, 2023, the court allowed High Courts to transfer these Presiding Officers with the Chief Justice's approval, under certain conditions. These conditions include ensuring the immediate appointment of another judicial officer to avoid keeping the Special Court vacant and allowing the transfer only if there are no pending cases for final judgment after the conclusion of trial arguments.

Another crucial aspect of the ongoing monitoring involves the amicus curiae's request to schedule a hearing to examine the constitutional validity of Section 8 of the Representation of the People Act, 1951. This provision currently limits the disqualification period for contesting elections as an MP/MLA to only six years from the date of release upon conviction, even for heinous offenses.

Since 2016, the Supreme Court has been actively monitoring the expeditious disposal of criminal cases against MPs and MLAs. Initially, 12 Special Courts were established, and subsequently, more Special Courts were set up across districts where criminal cases were pending. The court has issued several directives to prioritize and speed up the trials, ensuring no unnecessary adjournments are granted.

Case Title: Ashwini Kumar Upadhyay vs. Union of India, Writ Petition (C) No. 699 of 2016