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Recently, The Centre had decided to set up Special Courts in order to deal with the cases pertaining to the elected representatives of the country. It had notified the Supreme Court about the same in reply to a petition filed in the matter. This declaration made by the Centre will cover Members of the Parliament i.e., (MP’s) and Members of Legislative Assemblies i.e., (MLA’s) who are facing prosecution in approximately in 13,500 cases as of 2014. It was due to the enormous amount of cases which has been pending before the Court, the Special Court was needed to be established in order for faster disposal of cases.
The Centre informed the Supreme Court about the establishment of 12 Special Courts and the allotment of Rs. 7.80 Crore for the purpose of setting up such Courts. It also stated that it would take a note of the all the pending cases against the elected representatives across the country and then take the decision as to the number of Special Courts to be established for that purpose i.e. if the number need to be increased beyond 12. Additional Solicitor General, A N S Nadkarni who had appeared on behalf of the Centre had contended that the Centre is not against the establishment of Special Courts for prosecuting the cases against the Politicians and had further contended that it was the duty of the State Government to look into the matters pertaining to the establishment of additional courts as it was under the jurisdiction of the State Government.
The Supreme Court bench comprising of Justice Ranjan Gogoi and Justice Navin Sinha had brought to notice about the main reason for the establishment of Special Court and had mentioned about the 4,200 cases i.e., the average number of cases which has been handled by 17,000 subordinate courts.
The Election Commissioner said that the convicted MP’s and MLA’s must be disqualified from contesting future elections and stated that a law must be brought up in order to curtail the criminal activities of politicians. Senior Advocate Meenakshi Arora and Lawyer Mohit D Ram by elucidating Election Commissioner’s stand had contended that it had suggested to the Centre to incorporate an existing amended law which states a life ban provision against the convicted politicians while the existing law grants ban for a period of six years.
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