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
May 12,2020

New Delhi, May 12: Former Prime Minister Manmohan Singh, who was admitted to the AIIMS here after suffering reaction to a new medication, was discharged on Tuesday.

The 87-year-old Congress leader was discharged around 12:30 pm, hospital sources said.

Manmohan Singh was shifted to a private ward in the Cardio-Neuro tower on Monday night. He was also tested for Covid-19 and his results had come out negative, the sources said. The Congress leader was admitted to the hospital on Sunday evening after he complained of uneasiness.

The sources said that Singh had developed a reaction to a new medication and was admitted to AIIMS for observation and investigation.

Manmohan Singh is currently a Member of Rajya Sabha from Rajasthan. He was the prime minister between 2004 and 2014.

In 2009, Singh underwent a successful coronary bypass surgery at the AIIMS.

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News Network
June 16,2020

New Delhi, Jun 16: Congress president Sonia Gandhi on Tuesday demanded a rollback of hike in fuel prices, saying the government's decision to increase the prices of petrol and diesel during the coronavirus crisis is "wholly insensitive" and "ill-advised".

The government is doing nothing short of "profiteering off its people" when they are down and out, she said in a letter to Prime Minister Narendra Modi.

Petrol and diesel prices were hiked for the 10th day in a row on Tuesday.

"I am deeply distressed that in these exceedingly difficult times since the beginning of March, the government has taken the wholly insensitive decision to increase petrol and diesel prices on no less than ten separate occasions," Gandhi said in her letter.

She accused the government of earning an additional revenue of nearly Rs 2.6 lakh crore through these "ill-advised" hikes in excise duty and increase in prices of petrol and diesel.

"I urge you to roll back these increases and pass on the benefit of low oil prices directly to the citizens of this country.

"If you wish for them to be 'self-reliant' then do not place financial fetters on their ability to move forward," the Congress president said.

Gandhi also urged the government to use its resources to put money directly into the hands of those in need in these times of severe hardship.

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News Network
March 3,2020

Wayanad, Mar 3: Anguished over the alleged delay in receiving flood relief from the Kerala government, a 42-year-old man committed suicide in Wayanad district, police said on Tuesday. Sanal Kumar, a native of Thrikaipatta in Meppadi near here was found hanging inside the temporary shelter built by his friends and local people on Monday. He was among the hundreds who had lost their homes in the August 2019 floods.

His home, built on a three cent plot, had been damaged partially in 2018 floods and completely in the 2019 deluge. Family members of the deceased alleged that it was due undue delay on the part of the authorities in allotting funds for rebuilding his house that drove Kumar to take the extreme step. Kumar was hoping to get a house under the Life Mission project, sources said.

A relative said Kumar had only 3 cent of land and had lot of debts. Even the Rs 10,000 assistance promised by the state government for the flood affected, had not reached him. Since the past two years he had filed several applications for assistance and apporached many revenue authroties for the promised government assistance, but it never came, the locals alleged.

According to K K Sahad, president of Meppadi Panchayat the deceased had some other financial issues and it was not the delay in rehabilitation that made him commit suicide. "It is true that he was not included in the first list of beneficiaries under the LIFE project as he had to have "pattayam" (land records) for his land.

However, he was included in the second list, thanks to the dilution in the norms that possession was enough for those who had no 'pattayam' for their property. The amount of Rs 4 lakhs was sanctioned for him, but was delayed a bit due to some technical issues."

Wayanad MLA C K Saseendran described it as an "extremely sad" development. As Kumar had some difficulties in producing the land recrods, the authroties had been unable to include his name in the LIFE housing scheme in the first phase.

The matter has been brought before the notice of the revenue authorities, he said. Vythiri Tahsildar, Abdul Hameed, visited Kumar's relatives this morning as the family members of the deceased wanted his presence before the body was taken for post-mortem.

"There was some technical issues with regard to the land as it falls within the adhivasi reserve. But they were occupying it for long. However, the issue has been sorted out and that his family members would be getting the eligibility amount of four lakhs," Hameed said.

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