Criminal cases against lawmakers-SC order spurs action: compromise, withdrawals, only 1 disqualification

Significantly, Rajput, serving a life sentence in a 2002 murder case, became the only one to lose his membership. Three others, despite conviction (although these were later quashed) continued to be members of the House. While Union minister Mukhtar Abbas Naqvi’s year-long sentence for poll code violation never could come into effect, UP MoS Kailash Chaurasiya, awarded a three-year imprisonment and a fine of Rs 9,000 for “voluntarily causing hurt and criminal intimidation”, too, walked free; former Congress MP Harsh Vardhan became the third legislator to escape a year of rigorous imprisonment after his conviction in a case of dacoity and rioting was quashed by a higher court. All three, meanwhile, never faced disqualification from the House.

Of the 65 cases that got disposed of, as many as 20 against UP ministers and MLAs were withdrawn by the Akhilesh government. Six of these cases ended with a “compromise”, records say. There are 80 other cases against legislators that are currently either awaiting verdict or in want of evidence. At least two of these – one against SP’s Chitrakoot MLA Veer Singh (under Gangster Act) and another against Sisamau MLA Irfan Solanki (involving charges of assault or use of criminal force to deter public servant from discharging his duty) are shown as being heard for “withdrawal”.

The information under the RTI Act was first denied by the UP’s Prosecution Directorate, which claimed that the disclosure would affect the outcome of the cases. The details were made available only after State Information Commissioner Arvind Singh Bisht, while hearing the second appeal under the RTI Act, ordered the directorate to release the data.

The directorate admitted to this correspondent that cases linger on, in some cases for over a year, after the charges have been framed. The Prosecution Directorate did not specify if any cases were being tried on daily basis.

Director General, Prosecution, Surya Kumar said they depend on the reports from the Superintendents of Police (SPs) informing them about the cases pending against the MLAs and MPs. Much of the delay, he said, is caused by “defence lawyers who try everything to ensure the case lingers on”.

The DG added that fast-tracking of the cases is a “multi-agency” task, which involves the courts and the police. “Our job is to bring the witnesses to the court, which we do,” he said.