Lawstreet Journal

4,984 criminal cases pending against MPs/MLAs; an increase of 862 cases since 2018: Amicus briefs Supreme Court

Lawstreet Journal 5 Feb 2022 8:45pm

Image courtesy: Lawstreet Journal Judiciary 4,984 criminal cases pending against MPs/MLAs; an increase of 862 cases since 2018: Amicus briefs Supreme Court

The Supreme Court has been informed that there are a total of 4,984 criminal proceedings pending against past and current Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) in various sessions and magistrate courts across the nation.

"It is submitted that despite a series of directions by this Hon’ble Court and continuous monitoring, as many as 4,984 cases are pending out of which 1,899 cases are more than 5 years old. It may be noted that the total number of cases pending as on December 2018 were 4,110; and as on October 2020 were 4,859. Even after disposal of 2,775 cases after December 4, 2018, the cases against MPs/MLAs have increased from 4,122 to 4,984," the report said.

According to a report presented by Senior Advocate and Amicus Curiae Vijay Hansaria, 3,322 of the 4,984 cases are magisterial matters, while 1,651 are sessions cases.

The report also revealed that 1,899 of the pending cases have been pending for more than five years, while 1,475 have been pending for between two and five years.

The information was provided in a 2016 petition filed by lawyer and BJP leader Ashwini Kumar Upadhyay, who asked for the creation of special courts to hear criminal cases against legislators.

The plea also requested that convicted individuals be barred from serving in the legislature and the executive branch.

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