New Delhi: The Supreme Court said the period of of one year for lower courts to complete trial in criminal cases involving sitting MPs and MLAs can be extended by the Chief Justice of the High Court if he is satisfied with the reason given by trial judge for not completing the trial within this period.
As the trial is kept pending for years, lawmakers continue to enjoy membership of the legislative body despite being charged in a heinous offence, the court noted.The court passed the order on a PIL filed by an NGO, Public Interest Foundation, seeking its direction for expeditious trial in cases involving lawmakers.
The NGO contended that MPs and MLAs continue to be Members of Parliament and Assembly for a long time due to delay in proceedings. The court took into consideration the Law Commission’s report which said that a candidate should be disqualified on framing of charges in cases punishable by five years or more as the current criteria of disqualification upon conviction is “incapable” of barring criminals from electoral politics. The bench said this aspect of recommendation will be considered later as the situation is not appropriate due to the general elections.
