Special Courts for cases involving legislators: SC seeks data, funding scheme and affidavit on electoral disqualification power

The SC directed production of information on pending and disposed criminal cases involving MPs and MLAs, including the outcome of finally decided matters and the lodging and disposal of further cases between 2014 and 2017. It also required a scheme showing available funds for setting up Special Courts to be placed on the next date, after the Union Government stated it was not averse to such courts for criminal cases involving political persons. The Election Commission was directed to file an affidavit on the past exercise of power under Section 11 of the Representation of the People Act, 1951. The matter was kept for further consideration.

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Issues: Whether directions should be issued for furnishing information regarding the disposal of criminal cases involving MPs and MLAs, for placing a scheme for setting up Special Courts before the Court, and for filing an affidavit on the exercise of power under Section 11 of the Representation of the People Act, 1951.

Analysis: The statement of the Union Government was recorded that it was not averse to the setting up of Special Courts for criminal cases involving political persons. The Court therefore required the competent authority to place information on the number of pending and disposed cases involving legislators, the result of finally decided cases, the lodging and disposal of further cases between 2014 and 2017, and a scheme indicating available funds for Special Courts on the next date. The Election Commission was also directed to place an affidavit regarding past exercise of power under Section 11 of the Representation of the People Act, 1951.

Conclusion: Directions were issued for production of the specified information and affidavits, and the matter was kept for further consideration.

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