Fast Tracking Cases of Legislatures

Fast Tracking Cases of Legislatures

justice“Politics ,Politicians and Surrounding should be clean” -This is desired by everyone including our Hon’ble Judges who have rendered invaluable judgments in the recent past which created ripples in political circles. Some prominent politicians were debarred from the membership of the House and were prevented from contesting recently concluded election.

The steps taken by the Supreme Court in cleansing the politics and medias far cry forced political parties to make solemn promises to keep the politics clean. Cabinet presided over by Dr.Manmohan Singh decided to safeguard the membership of some politicians. This decision boiled the blood of one Office bearer of a leading political party running the last government to call the Ordinance a Nonesence and presents theatrics to tear it apart.That was the salutery effect of the Judgment of the Supreme Court.

Sri Narendra Modi, then Prime Ministerial candidate of BJP, made an election plank to tell the people in many public meetings which he addressed seeing electioneering that if his party comes to power,he will make a request to the Hon’ble Supreme Court to fast track all the cases pending against the legislature so that they are either ousted from the House on the finding of guilt against them and if they get acquittal, the stigma would go.This one promise amongst other promises also persuaded people to vote stunningly in favour of Modi who became Prime Minister with majority of his party.

As a gentleman politician,Sri Modi, keeping up his solemn promise to cleanse the legislatures,made a request to the Supreme Court through Ld. Attorney General to fast track the cases pending against the legislatures which was declined by a Bench presided over by by Hon’ble Chief Justice on the ground that fast tracking cases of legislature will delay other cases which are pending against other accused. The Ld.CJI reminded the Attorney General that Judiciary lacks manpower and infrastructure to cope up with pendency. No doubt, pendency of criminal cases are hampering the rights of the accused who are languishing in jail for longer period than that if they would have been found guilty. The Criminal Disposal System is in a very poor state rather I have no hesitation to say that it is in pathetic condition.

I would concead that all accused deserve equal treatment as Speedy Trial is fundamental right of every accused and that fast tracking one set of cases will certainly delay other set of cases. I would also concede that Judiciary lacks manpower and infrastructure but the demand of the Ld. CJI calling upon the Government to provide better manpower and infrastructure to enable the Judiciary to fast track the cases of Legislature.

Here I have a caveat to lodge.Fast tracking the cases of Legislatures is need of the hour as clean politics and politicians are desired by everyone including the Courts. Though the rights of a pick pocket and Legislature are equal but a clean politician will administer the nation better than a politician who is under a cloud. A politician who is part of Legislature must be above all suspicion and the nation must back him fully to prove his innocence so that he can administer the nation without any sence of guilt. Secondly, if the manpower and infrastructure have been in poor state, no government can improve it in one day. Judiciary had been always treated as step-son on whom no government wanted to spend though Judiciary screamed for it from time to time.

My submission ,therefore, is that the Hon’ble Supreme Court ought to have given a fair chance to the Legislature to prove their innocence failing which they deserved disqualified.


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AK Srivastava

The author Sh. A.K. Srivastava (@aksrivastava232) is Senior Advocate in Supreme Court of India, New Delhi where he is practicing since last 40 yrs. He had been Advocate General of Govt. of Sikkim & was Hon.Secretary of Supreme Court Bar Association for two years( 1991-92,1992-93).
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8 comments

  • Honorable SC should have been clearer by asking for the resources required, point by point…. 1,2,3… That could have imposed a greater degree of obligation to GOI. Also it would have strengthened the determination of Sh. Modi.

  • The focus ought to be more on the inordinate delays , laches and seemingly deliberate nonchalant attitude with which House committees constituted on different subjects , have a ‘sudden death’ or never submit a report during the term of their office / tenure of the legislative assembly.
    As one who has assisted State Assembly House Committees on important matters concerning national interest , one is but dejected at the rank ignorance exhibited by the general public ,include.erudite members of the Bar,the Press and the Patliament.
    If these committees perform sincerely and to their logical conclusion, the number of subjects required to be addressed by the Judicial apparatus would be brought down considerably.
    The ‘understanding’ between executive that appoints Judiciary is time-tested and age-old.

  • I don’t agree with Government. Why it wants to give priority to these politicians even in crime related matters. Simply lodge them in jail like ordinary public & let them have a very pathetic life till their cases are decided even if it takes 30 years.
    Because they are out within hours after arrest & enjoy all privilege of being MP/MLA, they want to let their cases dragged years together.
    Simple solution is “Arrest them, lodge like ordinary citizen, derive them of all privilege” is the simple solution.

    • Haha..Shekhar you are great. What a simple solution. But is it that simple. Rules are made by these politicians. Will they make such rules?
      No they will not. Modi ji letter to SC is just eye wash. Government knew the reply of SC as that was very logical. So it completed its election promise & matter is over.
      The result is public will languish in Jail & these politicians will keep making noise in parliament & in market.
      Long live democracy, Long live judiciary, Long live our politicians

  • Accurate suggestions by the Author. But first of all judiciary shud have clean judges.Judges are puppet in the hands of politicians or richie rich people. But As Author s hopeful because of Modi Era I am also.Wishing all the best for Nation.