SC for 12 special courts by March to try criminal cases against lawmakers

NEW DELHI: The SC on Thursday ordered that the 12 special courts proposed to fast-track criminal cases against lawmakers should start functioning by March next year, giving a nod to a scheme framed by the Centre.

A bench of justices Ranjan Gogoi and Navin Sinha told additional solicitor general ANS Nadkarni the funds earmarked for the courts should be allocated proportionately to the states where the courts are planned.

“Immediately after the allocation, the state governments in consultation with the respective chief justice of the high court will set up the court so that it starts functioning by March 1, 2018,” the bench said.

In 2014, as many as 1,581 lawmakers –both members of parliament (MPs) and members of legislative assemblies (MLAs) – were facing prosecution in 13,500 cases. The Centre in an affidavit told the top court on Tuesday that Rs 7.8 crore was earmarked for the scheme after taking into account the revised pay scales of judges in accordance with the recommendations of the 7th Central Pay Commission.

According to an estimate, Rs 65 lakh will be spent on each court, which will be able to dispose 165 cases. The scheme would be subject to minor changes after consultation with states, Centre said.

As per the calculations arrived at, each judge will get to hear 165 cases. These courts will have a year to complete the trial.

The affidavit was filed in response to the SC’s November 2 order that asked the government to draw a road map for special courts to expedite trial of lawmakers facing criminal charges.

The court is hearing a PIL by advocate Ashwini Upadhyaya, who has sought a life ban on convicted politicians from contesting elections, a plea the government has opposed.

IN 2014, AS MANY AS 1,581 MPS AND MLAS – WERE FACING PROSECUTION IN 13,500 CRIMINAL CASES