Lagatar24 Desk
The Supreme Court on Wednesday said that though directions can be passed for expediting trials of cases against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs), implementing such directions will not be easy due to the shortage of judges.
A Bench headed by Chief Justice of India NV Ramana, however, said that the sword should not be kept hanging over the heads of such accused lawmakers and that a policy should be evolved to avoid inordinate delays in trials. “It is easy to say expedite this and expedite that, but where are the judges?” the Court remarked.
The Court also said that while it does not want to demoralise investigating agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI), the replies by these agencies have at places not explained reasons for the delay in trials.
“We don’t want to say anything about agencies as we don’t want to demoralize them. Else this speaks volumes. There are 300 to 400 cases in these CBI courts. How to do all of this? Sorry to say Mr Mehta (Solicitor General Tushar Mehta), the report is inconclusive. There is no reason for not filing chargesheet for 10 to 15 years. Simply attaching properties does not serve any purpose,” the Court remarked.
Solicitor General Tushar Mehta submitted that an outer limit should be fixed for completion of the investigation and for the conclusion of the trial.
“Wherever probe is underway, direct the investigation to be over in 6 months outer limit, a mandatory time can be set in for the conclusion of trial...” he said.
The Court was hearing a plea by BJP leader and Advocate Ashwini Kumar Upadhyay seeking speedy trial in cases against MPs and MLAs by setting up of special courts.
Amicus Curiae Vijay Hansaria had submitted a report to the Court containing details on the status of trials against legislators. He had also made various suggestions to ensure that such trials are concluded expeditiously.
The Court on Tuesday noted how the investigating agencies are constrained by a shortage of manpower.
