Directing speedy trials, a Supreme
Court Bench Headed by Justice R.M. Lodha ordered day-to-day proceedings
of all such cases and said if a trial cannot be completed within the
said time, the lower court judge shall give reasons in writing to the
Chief Justice of the concerned High Court as to why the trial could not
be completed
The time can be extended by the Chief Justice of the High Court, if he is satisfied with the reasons.
The time can be extended by the Chief Justice of the High Court, if he is satisfied with the reasons.
The Supreme Court of India(SCI) stated that the trial in cases involving MPs and MLAs are to be conducted on day-to-day basis.
Just one year from the framing of the charge and that's it - a chargesheeted MP/MLA must face the verdict within that period.
The SC's order came following the latest Law Commission recommendation which said: The law in its present form is incapable of curbing the growing cancer of criminalisation of politics.
Long delays in trials, coupled with rare convictions, ensure that politicians face little or no consequences when engaging in criminal activity.
The law needs to evolve to meet this threat to our democracy, and to effectively curb the steady flow of criminals into the political process.
It is recommended that in the case of sitting MPs/MLAs who have relevant charges framed against them, the trial is concluded speedily.
However, given the data on delays in trials, especially involving powerful persons, this is unlikely to happen as a matter of course.
The panel had also suggested that sitting MPs and MLAs charged with heinous offences like rape and murder, and corruption cases must be debarred from contesting polls.
But the SC Bench said an order in this regard will only be issued after the Lok Sabha elections.
Just one year from the framing of the charge and that's it - a chargesheeted MP/MLA must face the verdict within that period.
The SC's order came following the latest Law Commission recommendation which said: The law in its present form is incapable of curbing the growing cancer of criminalisation of politics.
Long delays in trials, coupled with rare convictions, ensure that politicians face little or no consequences when engaging in criminal activity.
The law needs to evolve to meet this threat to our democracy, and to effectively curb the steady flow of criminals into the political process.
It is recommended that in the case of sitting MPs/MLAs who have relevant charges framed against them, the trial is concluded speedily.
However, given the data on delays in trials, especially involving powerful persons, this is unlikely to happen as a matter of course.
The panel had also suggested that sitting MPs and MLAs charged with heinous offences like rape and murder, and corruption cases must be debarred from contesting polls.
But the SC Bench said an order in this regard will only be issued after the Lok Sabha elections.
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