SC: FINISH TRIAL AGAINST MPs AND MLAs IN ONE YEAR After ordering disqualification of MPs and MLAs immediately after conviction for heinous offences, the Supreme Court on Monday (10.03.2014) 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 courts 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. 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. #SUBSCRIBE #LAWTELLER #MAGAZINE (monthly printed-edition) : visit: payumoney/store/buy/lawteller
Posted on: Tue, 11 Mar 2014 08:05:31 +0000
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