New
Delhi:
The state governments cannot withdraw pending criminal cases against MPs and
MLAs without the approval of the high courts, the Supreme Court said today,
adding that a special bench will soon be constituted to monitor the progress of
such cases against the legislators.
The
special courts judges, hearing cases against the MPs and MLAs, will not be
transferred until further orders, a three-judge bench, headed by Chief Justice
NV Ramana, said. Justices Vineet Saran and Surya Kant are other members on the
bench.
It
directed the Registrar Generals of all the high courts to provide information,
in a particular format, about the cases decided by special courts against the
lawmakers. It has also sought the details of pending cases and their stages
before the trial courts.
The
top court was hearing a PIL from 2016 filed by lawyer and BJP leader Ashwini
Upadhyay on fast-tracking of criminal trials against lawmakers. The plea also
sought a life ban on convicted politicians from contesting polls.
Senior
advocate Vijay Hansaria, assisting the court as Amicus Curiae, informed that Uttar
Pradesh seeks to withdraw 76 cases against BJP MLAs, including those accused in
Muzaffarnagar riot cases. In Karnataka, the state government is seeking to
withdraw 61 cases against legislators.
Maharashtra
and Uttarakhand are also seeking to withdraw cases against legislators.
The
CBI came in for sharp criticism from the Supreme Court for not filing status
report on pending cases against legislators.
“It
seems the government is not concerned with this issue. The CBI is reluctant to
file status reports. If you (Centre ) are reluctant to file status reports how
can we presume you are concerned with cases against MP/MLAs,” Chief Justice
Ramana said.
The
premier investigating agency has been asked to file a status report within 10
days.
The
CJI also said that the Enforcement Directorate status report also does not have
much information.
Solicitor
General Tushar Mehta, representing the centre and CBI, told the top court that
government is committed to speed up cases against legislators and there was
some issues at his end and requested for last opportunity to file status report
on behalf of the CBI.
The bench said the case has been pending for a
long time and despite several adjournments CBI is yet to file its report.
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