Life ban on convicted lawmakers contesting polls? SC may hear plea in Dec

The Supreme Court on Thursday said it cannot lose sight of the fact that a PIL was seeking inflicting a lifetime ban on politicians convicted in criminal case, besides setting up of special courts to expeditiously try criminal cases involving elected representatives.

A bench comprising Chief Justice Ranjan Gogoi and justices U U Lalit and K M Joseph said that it may take up the aspect of imposing a life ban of convicted elected representatives 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.

"Amicus Curiae has drawn the attention of the Court to a form prepared by him...to the written submissions filed by him dated October 23, 2018. He has submitted that the requisite information be called for from all the High Courts in the country as per the said form.

"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," the bench, also comprising Justices U U Lalit and K M Joseph, said.

The top court is dealing with a petition filed by BJP leader and lawyer Ashwini Upadhyay seeking inflicting of life time ban on convicted politicians.

The apex court was earlier informed that 12 special courts set up to try lawmakers exclusively have not been constituted on a uniform pattern, and their number needs to be raised to 19 for trying cases at the sessions level.

It was also suggested to the apex court that another 51 such courts are required for magisterial trial cases.

The amicus further said that special courts were constituted to exclusively deal with all cases including complaint cases against MPs, MLAs including the former ones, irrespective of the fact as to whether the same was committed when the concerned lawmaker was holding the said office.