Fast Tracking Cases of Legislatures
Fast Tracking Cases of Legislatures
“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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