(Riya Singh, Intern Journalist): A submission made to the Supreme Court has revealed the startling number of sitting legislators who face criminal cases, with the data showing that a whopping 2,556 MLAs and MPs from 22 states are accused in cases. The submission was made by senior advocate Vijay Hansaria, who is the amicus curiae in a PIL filed by Ashwani Kumar Upadhyay seeking speedy disposal of criminal cases against elected representatives of the parliament and state legislatures.
The top court was informed on Tuesday that in 174 cases against sitting MPs and MLAs, the offenses are punishable with imprisonment life. Other cases against elected representatives include offenses under the Prevention of Corruption Act 1988, Prevention of Money Laundering Act 2002, Arms Act 1959, Prevention of Damage to Public Property Act, 1984, defamation under section 500 of the Indian Penal Code (IPC), and cheating under section 420 of the IPC.
Uttar Pradesh has the most number of legislators (current and former) who are facing criminal cases. There are 1,217 pending cases, in which 446 cases sitting legislators are accused. After UP comes Bihar, where 531 sitting and former MLAs and MPs are accused. Of these, 73 cases relate to offenses punishable with life imprisonment. Kerala (333 cases), Odisha (331), Maharashtra (330), and Tamil Nadu (324) complete the top five states in which sitting and former legislators are facing criminal cases.
The submission notes that a large number of cases are pending at the appearance stage and that even non-bailable warrants (NBWs) issued by the courts have not been executed.
In September 2018, during the final days of then Chief Justice of India Dipak Misra’s tenure, the top court refused to bar politicians with pending criminal charges from contesting elections. It instead urged parliament to consider such a disqualification, saying the country “eagerly awaits its decision”.
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