‘How can they make laws?’: SC questions return of convicted politicians to Parliament

The bench also comprising Justice Manmohan was hearing a pending PIL by Advocate Ashwini Kumar Upadhyay seeking life ban on contesting polls for MPs and MLAs convicted of criminal offences. The plea also challenges Section 8 of ‘The Representation of The People Act, 1951’, which limits the period for which convicted politicians are barred from contesting elections to six years after serving the jail sentence and the issue of convicted persons being office-bearers of political parties.

Hearing it in 2017, the SC directed setting up of 12 special courts in 10 states to try cases against MPs and MLAs. In 2023, it asked high courts to set up special benches to monitor trials in pending cases against MPs and MLAs.

Monday, Senior Advocate Vijay Hansaria, who is amicus curiae in the case, told the bench that despite its directions from time to time, about 5,000 criminal cases pertaining to MPs/MLAs continue to remain pending. He also listed the factors contributing to the delay, saying Special Courts often take up cases other than those concerning MPs and MLAs, repeated adjournments are given, accused skip hearings and problems with the serving of summons to witnesses.

Justice Manmohan said it would not be correct to generalise. “Let’s not generalise the situation… Walk in the corridors of the trial court. Clients who have come for a hearing will curse you and tell you that at 10.30 this judge has retired to his chambers… Please tell us what the actual reason is. There can’t be a blanket direction. Please study one court – take Rouse Avenue courts,” he said.

The bench finally directed that the question of fast-tracking the pending cases be placed before Chief Justice of India Sanjiv Khanna for the constitution of an appropriate bench.

The bench of Justices Datta and Manmohan will continue to hear the pleas challenging provisions of ‘The Representation of The People Act’ after three weeks. The court gave the Centre and Election Commission time to file their affidavits in the matter and also called on Attorney General R Venkataramani to address it on the legal issues involved.ia