Supreme Court to hear plea on lifetime ban of criminal netas
The Supreme Court is likely to take up hearing a PIL seeking a life-time ban on politicians convicted in criminal cases on December 4
The Supreme Court on Thursday, November 1, said it cannot lose sight of the fact that a PIL was seeking inflicting a life time ban on politicians convicted in criminal cases, besides setting up of special courts to expeditiously try criminal cases involving elected representatives.
On a PIL filed by BJP leader and lawyer Ashwini Upadhyay, the SC was till date attempting to fast track pending criminal cases against politicians, MPs and MLAs and this resulted in the Centre funding the establishment of 12 special courts to exclusively take up such cases.
A bench comprising Chief Justice Ranjan Gogoi and justices UU Lalit and KM Joseph took the PIL petitioner by surprise by asking what his main prayer was. Upadhyay, after some fumbling, said it was to impose a life ban on convicted politicians from contesting elections. The court then said it may take up this aspect on December 4.
"We should not lose sight of the fact that the main prayer in the PIL is to impose the life time ban on convicted elected representative," the bench said, adding that the government servants and judicial officers cannot come back after their convictions.
Solicitor General Tushar Mehta, appearing for the Centre, said that the government has no objection in setting up of special courts for exclusively trying the criminal cases involving elected representatives.
The bench, which was hearing the PIL filed by BJP leader and lawyer Ashwini Upadhyay, also considered the submission of senior advocate Vijay Hansaria, appointed as amicus curiae in the case, that earmarking a particular Court in each district both at sessions and magisterial level and directing them to treat the cases on a priority basis could be a viable option to ensure timely completion of proceedings
"We have looked into the information furnished by the Gauhati High Court in the aforesaid form. At this stage, when information from the other HCs have been called for and are awaited we will reserve our orders in the matter and consider the suggestions of the amicus Curiae on a subsequent date after the details of pending cases against elected representatives as per the form suggested by the amicus curiae is made available," the bench said.
The top court directed its Registry to forward a copy of the said form to the Registrars General of all the High Courts in the country to furnish the necessary information which will be so done on or before November 27.
"The information/copies of the report that will be conveyed by the High Courts to the Registry of this Court shall also be endorsed to the amicus curiae.
"The office of the Amicus Curiae would be at liberty to exchange correspondence(s) with the Registries of different High Courts seeking such information as would be necessary to give effect to the present order/directions," said the bench.