Criminal Cases Against MPs/MLAs: States Of Kerala, Madhya Pradesh And Karnataka File Reply Indicating Pendency Of Cases

The States of Kerala, Madhya Pradesh and Karnataka have filed their replies in a plea seeking expeditious trial of cases against Members of Parliament and Members of the Legislative Assembly and speedy investigation by the CBI and other agencies, filed by Advocate Ashwini Kumar Upadhyay.

The aforesaid states have filed their response in pursuance of the Order of the Supreme Court whereby the Court had directed all the High Courts to file an affidavit indicating the number of criminal cases pending against MPs/MLAs for a period in excess of 5 years and the steps taken for the expeditious conclusion of trials of these cases.

Kerala

As per the affidavit filed by the Kerala High Court, there are 22 criminal cases as on September 30, 2022 against MPs/MLAs pending for a period in excess of 5 years.

The affidavit further stated that the total number of criminal cases against MPs/MLAs in the State is 384 as on September 30, 2022.

It was further added that a Judge has been specially allotted to hear all pending criminal cases before the High Court. It has also stated that 35 such cases have been withdrawn under Section 321 CrPC from September 16, 2020.

Karnataka

As per the affidavit filed by the Karnataka High Court, there are 61 cases pertaining to MPs/MLAs as on October 17, 2022 which are pending for a period in excess of 5 years, pending before the Special Courts.

Further, there are 3 cases pertaining to MPs/MLAs as on October 17, 2022 which are pending for a period in excess of 5 years, pending before the Special bench of the Karnataka High Court.

The affidavit specified that there are total 221 cases pending before the Special Courts and 20 cases pending before the Special bench as on October 17, 2022.

It was stated that cases pending in the High Court against the orders passed by the Special Court have been fast tracked and assigned to special bench constituted to hear and dispose of such cases.

It was also stated that processes are being issued to the witnesses by sending the same by registered post to the concerned police station to avoid delay and directions are given to the police station to secure the presence of the witnesses to conclude the trial expeditiously.

Madhya Pradesh

As per the compliance report filed on behalf of the Madhya Pradesh High Court the number of cases pending for more than 5 years as on October 14, 2022 before the Special Court for MPs/MLAs is 51.

The total number of pending cases before the Special Court for MPs/MLAs as on October 14, 2022 is 329.

Further, the compliance report has specified the steps taken in each district to expedite the conclusion of the trial of these cases.

On October 10, 2022 the bench of Justice DY Chandrachud and Justice Hima Kohli had directed all the High Courts to file an affidavit indicating the number of criminal cases pending against MPs/MLAs for a period in excess of 5 years, the number of judges allocated to conduct trials, case load per judge and steps taken to ensure speedy conclusion of the trial of these cases.

Cause Title- Ashwini Kumar Upadhyay v. Union of India & Ors.