Like Caeser’s wife, lawmakers must be above suspicion, says Arun Jaitley

The Supreme Court recently approved the Centre’s proposal for 12 special courts across the country to try “1581 criminal cases” pending against legislators, and directed that they be made operational by March 1, 2018

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Arun Jaitley (File)

Defending the move to set up fast-track courts for dealing exclusively with criminal cases against politicians, the government said Tuesday that lawmakers should take the lead in setting an example. Responding to Opposition concerns in Rajya Sabha over the message that would go out if special courts were set up to try politicians, Union Finance Minister Arun Jaitley, who is also Leader of the House, said Caesar’s wife must be above suspicion. He said he was of the personal opinion that like Caesar’s wife, law makers should be above suspicion.

“Can we say that we have a vested interest in ensuring that at least our cases are delayed or should at least it be in our interest that like Caesar’s wife we must be above suspicion?” he said. “If an allegation is made, let it be tried expeditiously. How can elected members say we have a vested interest in ensuring that our trials are also delayed? So, if the courts have said it, we should not stand and try gang up against it.” The Supreme Court recently approved the Centre’s proposal for 12 special courts across the country to try “1581 criminal cases” pending against legislators, and directed that they be made operational by March 1, 2018.

The court was hearing a petition filed by BJP leader Ashwani Upadhyay seeking lifetime bans on convicted politicians from contesting elections. The bench will take up the petition next on March 7 to consider the main question of a lifetime ban on convicted politicians. Raising the issue in Rajya Sabha through a point-of-order, Naresh Agrawal (SP) said Article 14 of the Constitution provides for equity before law and elected representatives are on par with other citizens. While there are no special courts for fast-track trial of terrorists and dreaded criminals, setting up one for elected representatives would create misleading perception about politicians, he said. He questioned the government’s affidavit supporting setting up of the fast-track courts.

Anand Sharma (Cong) said while there is no question of delaying prosecution of anyone, it would tantamount to profiling and excessive vilification of law makers if a perception is created that the fast-track courts are needed for the elected representatives only.

The government, he said, should ensure that enough funds are allocated for creation of enough courts for fast-track trial of all. But singling out only the elected representatives will create a public perception that would otherwise ave an inherent potential of being abused by the government of the day, he said. Leader of the Opposition Ghulam Nabi Azad questioned why lawmakers were being singled out and urged the government to come up with a scheme for fast-tracking court cases of common citizens also. “Law should be for everybody, legislators alone should not be singled out,” Azad said.

– with PTI

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