SC sets time frame to complete trial against MPs, MLAs

The Supreme Court today set a time period of one year for lower courts to complete trial in criminal cases involving sitting MPs and MLAs.
The apex court said all such proceedings involving lawmakers must be conducted on a day-to-day basis.
In order to expedite proceedings against lawmakers who continue to enjoy membership of legislative body during the pendency of case, a bench headed by Justice R M Lodha also said that lower courts will have to give explanation to the Chief Justice of the respective high court if the trial is not completed within a year.
The bench at one point during the hearing had expressed desire for fixing the period to six months but finally it went by the recommendation of the Law Commission which suggested for one year.

"We direct in cases of sitting MPs and MLAs who have charged for offences under Sections 8(1), 8(2), 8(3)of Representation of People's Act, the trial is to be conducted as expeditiously as possible but not later than one year from the date of framing of charges," the bench said.
It, however, said the period can be extended by the Chief Justice of the high court if he is satisfied with the reason given by trial judge for not completing the trial within this period.

As the trial is kept pending for years, lawmakers continue to enjoy membership of the legislative body despite being charged in a heinous offence, the court noted.

The court passed the order on a PIL filed by an NGO, Public Interest Foundation, seeking its direction for expeditious trial in cases involving lawmakers.
The NGO contended that MPs and MLAs continue to be Members of Parliament and Assembly for a long time due to delay in proceedings.
The court took into consideration Law Commission's report which said that a candidate should be disqualified on framing of charges in cases punishable by five years or more as the current criteria of disqualification upon conviction is "incapable" of barring criminals from electoral politics.
The bench, however, said this aspect of recommendation will be considered by it later on saying that situation is not appropriate right now.

The bench was referring to coming general elections.