SC draws up Centre for not giving info on lawmakers with criminal past

August 30, 2018 - Himalaya

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The Supreme Court on Thursday pulled up the central government for not furnishing the details of MLAs and MPs who have criminal records against them. 

A petition had been moved in SC by advocate Ashwini Kumar Upadhyay, seeking its direction to establish special courts to expeditiously try criminal cases registered against MPs and MLAs. The SC asked the Centre to file its detailed response by September 5 in the case, when it would take up the matter for hearing.

The top court had on December 14 last year directed the Centre to set up 12 special courts to exclusively deal with cases involving politicians and said that these should start functioning from March 1 this year.

On August 21, a bench headed by Justice Ranjan Gogoi, directed the Centre to inform the court whether the special courts were set up along with the information whether these were sessions or magisterial courts, what was their territorial jurisdiction and the number of cases pending before each of these special courts.

SC also asked the government whether it intended to set up additional special courts over and above the courts already set up.

The bench said these details should be placed before it and posted the matter for further hearing on August 28.

The top court was hearing the petition seeking to declare the provisions of the Representation of the People Act, which bar convicted politician from contesting elections for six years after serving jail term, as ultra vires of the Constitution.


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