SC issues notice to Centre on plea to debar convicted MPs & MLAs from contesting elections

The petitioner-cum-lawyer and Bharatiya Janata Party (BJP) leader, Ashwini Kumar Upadhyay had filed an application in the SC (Supreme Court) seeking direction regarding debarring all the convicted MLAs and MPs from contesting elections for life. He further requested the Apex court that special courts must be set up for speedy disposal of cases against these MLAs and MPs. Upadhyay took to Twitter and wrote that India is the only country where around four-and-a-half thousand cases are pending against MLAs and MPs and despite this, they still have liberty to become a party president or even a Chief Minister.

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SC issues notice to Union of India (UOI)

The Supreme Court (SC) on September 10, Thursday sent a notice to the Union of India (UOI) in response to the petition filed by Upadhyay. The three-judge bench headed by Justice N V Ramana of the SC said, "We grant six weeks time to the respondent (UOI)." Former Additional Solicitor general (AAG) and Senior Advocate Vikas Singh who is appearing for the petitioner, Upadhyay said that there are many MPs and MLAs who have committed heinous crimes and still continue to be in parliament and some also become ministers. Upadhyay also added that he was shocked to know that the oldest pending case against MPs MLAs is from 1983. 

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Vikas Singh said that the Apex court has said that the original petition filed by me do not say how debarment should take place, but now the amendment application has all the details of how the debarment can be done. Justice Ramana said that their main priority is to speed up all the pending trails. As per the statement issued by the SC, taking into consideration the relief sought, the pleadings and all the orders passed by the court regarding this matter, it is evident that all the criminal cases, even under special legislation, where MLAs and MPs (sitting or former) are involved will be included in the present proceedings. 

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Sc further said that despite the fact that we had given enough time to all the High Courts to collect all the essential information, only the High Courts of Karnataka, Madhya Pradesh, Tamil Nadu, Delhi, Jharkhand and Guwahati have done the same. This has clearly proven that all the other High Courts have not yet furnished the requisite information relating to all the pending cases against all the sitting or former MLAs and MPs under the above mentioned special legislation, in compliance with the orders issued earlier. The Supreme Court will now hear the same matter again on September 16, Wednesday. 

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(With ANI inputs)