Finish trial against MPs and MLAs in one year, Supreme Court orders

March 11, 2014

Supreme_Court_ordersNew Delhi, Mar 11: After ordering disqualification of MPs and MLAs immediately after conviction for heinous offences, the Supreme Court on Monday took a second big step towards cleansing the political process by directing that trial proceedings in cases of corruption and serious crimes against elected representatives must be completed within a year.

The apex court's July 10, 2013 judgment had robbed elected representatives of the benefit under Section 8(4) of Representative of People Act which allowed them to save their membership in respective Houses by merely filing an appeal within three months of the order of conviction.

However, "tainted" MPs and MLAs drew comfort from the snail-paced judicial process, hoping that cases against them would linger indefinitely, or that they could use delaying tactics to prevent the court from reaching a final conclusion about their alleged guilt and pronounce a judgment.

The order, passed by a bench of Justice RM Lodha and Justice Kurian Joseph, ends the last hope of MPs and MLAs of evading early adjudication of their alleged guilt and a possible conviction resulting in a sentence of more than two years or more, which generally follows in a corruption case or in serious offences.

Deadline to start after framing of charges

In its interim order on a PIL by NGO "Public Interest Foundation", the bench said, "Where sitting MPs and MLAs are facing corruption cases and other serious offences (which involve a punishment of more than two years on conviction), the trial will be completed expeditiously on a day-to-day basis and in no instance later than one year from the date of framing of charges."

This means, those who get elected in the coming general elections and have pending criminal and corruption cases against them, the verdict will be out before May next year. If found guilty and sentenced to more than two years imprisonment, they will immediately lose their membership. This order will also have a sanitizing effect on political parties and ensure that they do not field candidates with criminal background.

According to an estimate, the order will have a bearing on the political career of 162 MPs who are facing criminal charges.

The bench directed all trial courts, which are hearing cases of corruption and serious offences against MPs and MLAs, to strictly adhere to the one-year limit from framing of charges and warned that if they overshot the deadline, then they would have to give written explanation to the chief justice of the high court concerned.

"In extraordinary circumstances, where the trial court is not being able to conclude the trial within one year of framing charges, it would submit a report to the chief justice of the concerned HC indicating the special reasons for the delay. The chief justice may issue appropriate directions to the concerned court for extension of time for conclusion of trial," said Justice Lodha and Justice Joseph after additional solicitor general Paras Kuad agreed with the court's view on behalf of the Centre.

The bench took framing of charge as the starting point for fixing one-year time period for completion of trial keeping in mind the Law Commission's recommendation that filing of charge-sheet "is not an appropriate stage to introduce electoral disqualifications".

The commission said there was not sufficient application of judicial mind to the charges leveled by the investigating agency at the time of filing of charge-sheet. However, it recommended that framing of charges involved application of judicial mind to the charges and evidence.

The commission in its recommendation to the Union government on February 24 proposed disqualification of MPs and MLAs if a trial court framed charges against them in cases of corruption or heinous offences.

"The stage of framing of charges is based on adequate levels of judicial scrutiny, and disqualification at the stage of charging, if accompanied by substantial attendant legal safeguards to prevent misuse, has significant potential in curbing the spread of criminalization of politics," it recommended.

The commission also proposed to the government to introduce a provision in the RP Act making filing of false affidavits about personal antecedents along with nomination papers an offence punishable by imprisonment for not less than two years. This means, if an elected candidate gets convicted for filing

false affidavits, then he would lose his seat in the House and get debarred from contesting elections for six years.

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News Network
February 11,2020

New Delhi, Feb 11: AAP leader Sanjay Singh on Tuesday said his party will register a "massive win" in the high-stakes Delhi Assembly election, counting for which began amid tight security at various centres set up to carry out the exercise.

Initial trends suggested the ruling Aam Aadmi Party marching ahead, but the Bharatiya Janata Party leaders maintained that their party would win.

The counting began at 8 am and will be held in multiple rounds, Delhi Chief Electoral Officer Ranbir Singh said.

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News Network
January 9,2020

Raipur, Jan 9: An outbreak of bird flu has been reported from a state-run poultry farm in Chhattisgarh's Korea district, prompting the authorities to cull over 15,000 birds and step up vigil on poultry birds within 10 km radius of the affected area, officials said on Thursday.

So far, 15,426 chickens and quails have been culled and 30,000 eggs destroyed after the highly contagious H5N1 virus was detected among birds at the poultry farm and hatchery in Baikunthpur town, located around 300 km from here, they said.

There has been no case of infection in humans so far due to the outbreak of avian influenza, they said.

"After some chickens and quails were found dead on December 7 last year in the farm, their samples were collected and sent to local laboratories for testing," Dr R S Baghel, deputy director, veterinary department, Korea, told news agency.

When the disease was not properly detected, samples were further sent to Jabalpur in Madhya Pradesh where veterinarians suggested symptoms of chronic respiratory disease, following which their line of treatment was followed.

"Despite the treatment, the abnormal deaths of birds continued," Baghel said.

Later, the samples were sent to Bhopal-based National Institute of High-Security Animal Diseases where tests were found positive for the H5N1 virus on December 23, he said.

"Immediately after getting reports of bird flu, we took permission from the Korea district administration, as per the standard procedure, and culled all 15,426 birds (chickens and quails) and destroyed 30,000 eggs in the farm and its adjoining areas," the official said.

Of the total culled birds, nearly 641 chickens were being reared by locals within one km radius of the farm. The locals were given compensation for the culling of their birds, he said.

"We have completed the culling process and sealed the farm. After sanitising the area in 10 km of its radius, we submitted a report to the state's directorate of veterinary services on Wednesday," Baghel said.

"No human has been affected due to the outbreak and the situation is under control. We are waiting for further directives from the higher authorities," he said.

The official said for the next three months, they will be conducting surveillance in 10 km radius of the affected area during which blood samples of birds will be regularly sent to Bhopal for testing.

"We will continue our observation for next three months," he added.

Meanwhile, state veterinary services director C R Prasanna said, "No human has so far been affected due to avian influenza and workers at the poultry farm at Baikunthpur have been given medicines as a precautionary measure."

Nearly 40 villages fall within the purview of 10 km radius of the affected area from where random sampling of poultry birds will be done for next three months to check whether they are infected with avian influenza, he said.

"Necessary steps are being taken to prevent bird flu from spreading to other areas," he added.

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News Network
April 24,2020

New Delhi, Apr 24: The death toll due to the novel coronavirus rose to 723 with 37 fatalities reported since Thursday evening, while the number of cases saw a record jump of 1,752 to go up to 23,452 cases on Friday, according to the Union health ministry.

The previous highest single day increase was on April 20 when 1,540 cases were reported.

The number of active COVID-19 cases stood at 17,915 as 4,813 people were cured and discharged, and one patient migrated, the ministry said.

Thus, about 20.52 per cent of the cases have recovered so far, an official of the ministry said. 

The Indian Council of Medical Research (ICMR) said that 23,502 samples have been confirmed positive as on April 24 at 9 am.

The health ministry's figure of 23,452 cases include 77 foreign nationals.

A total of 37 deaths were reported since Thursday evening of which 14 fatalities were reported from Maharashtra, nine from Gujarat, three from Uttar Pradesh, two each from Andhra Pradesh, Delhi, Madhya Pradesh, Tamil Nadu and Telangana and one from Karnataka, the ministry's data stated.

Of the 723 deaths, Maharashtra tops the tally with 283 fatalities, followed by Gujarat at 112, Madhya Pradesh at 83, Delhi at 50, Andhra Pradesh at 29, Rajasthan at 27 and Telengana at 26.

The death toll reached 24 in Uttar Pradesh, 20 in Tamil Nadu while Karantaka has reported 18 deaths.

Punjab has registered 16 deaths while West Bengal has reported 15 fatalities.

The disease has claimed five lives in Jammu and Kashmir, while Kerala, Jharkhand and Haryana have recorded three COVID-19 deaths each.

Bihar has reported two deaths, while Meghalaya, Himachal Pradesh, Odisha and Assam have reported one fatality each, according to the ministry data.

However, a news agency tally of the figures reported by various states as on Friday showed 23,577 cases and 743 deaths in the country.

There has been a lag in the Union health ministry figures, compared to the number of deaths announced by different states, which officials attribute to procedural delays in assigning the cases to individual states.

According to the ministry's data updated in the evening, the highest number of confirmed cases in the country are from Maharashtra at 6,430 followed by Gujarat at 2,624, Delhi at 2,376, Rajasthan at 1,964, Madhya Pradesh at 1,852 and Tamil Nadu at 1,683.

The number of COVID-19 cases has gone up to 1,604 in Uttar Pradesh, 984  in Telangana and 955 in Andhra Pradesh. The number of cases has risen to 514 in West Bengal, 448 in Kerala, 463 in Karnataka, 427 in Jammu and Kashmir,  277 in Punjab and 272 in Haryana.

Bihar has reported 176 coronavirus cases, while Odisha has 90 cases. Fifty-five people have been infected with the virus in Jharkhand and 47 in Uttarakhand. Himachal Pradesh has 40 cases, Chhattisgarh and Assam have registered 36 infections each so far.

Chandigarh has 27 COVID-19 cases, Andaman and Nicobar Islands 22 while  18 cases have been reported from Ladakh.

Meghalaya has reported 12 cases, and Goa and Puducherry have seven COVID-19 cases each.

Manipur and Tripura have two cases each, while Mizoram and Arunachal Pradesh have reported a case each.

"Our figures are being reconciled with the ICMR," the ministry said on its website.

States wise distribution is subject to further verification and reconciliation, it said.

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