SC questions CBI/ED probe on MPs, MLAs

Expressing concern over inordinate delays in completing investigations by the Central Bureau of Investigation and the Enforcement Directorate in cases against MPs and MLAs, the Supreme Court on Wednesday reiterated that no case against incumbent or former MPs or MLAs should be withdrawn by state governments without the prior approvals of the high courts in question.

Asking solicitor-general Tushar Mehta to ascertain the shortage of infrastructure and manpower impeding the time-bound completion of the investigation of cases against legislators by the two Central agencies, Chief Justice N.V. Ramana, heading a bench that also comprised Justices D.Y. Chandrachud and Surya Kant, however, said prima facie they don’t want to intervene in a plea for a lifetime ban on a legislator convicted of criminal offences, leaving it to

Parliament to address the issue.

Senior lawyer Vikas Singh, appearing for a PIL petitioner, told the court that while a government job was barred for a bureaucrat if convicted in a corruption case of even `10, an MP or MLA convicted for a criminal offence can join the electoral fray six years after their sentence was over.

However, at the end of the hearing, as Singh sought to address the court on the question of barring convicted legislators from entering the legislatures for rest of their life, CJI Ramana asked him to conserve his energy to argue at a later stage, indicating that the issues need a detailed examination.

Describing the prevailing situation as a violation of Article 14, which guarantees the right to equality, Singh told the court an official can be thrown out but an MP or MLA can come back to the legislature six years after conviction even in a heinous case.