2017 (11) TMI 1897 - SC - Indian Laws

Setting up of Special Courts - HELD THAT - Setting up of Special Courts and infrastructure would be dependent on the availability of finances with the States. Without going into the controversy raised on the aforesaid score, the problem can be resolved by having a Central Scheme for setting up of Courts exclusively to deal with criminal cases involving political persons on the lines of the Fast Track Courts which were set up by the Central Government for a period of five (05) years and extended further which Scheme has now been discontinued - A Scheme to give effect to the above may be laid before the Court on the next date fixed indicating the amount of funds that can be earmarked for setting up of Special Courts where-after the issue of appointment of Judicial Officers, Public Prosecutors, Court staff and other such requirement of man-power and infrastructure (which would depend on the availability of funds from the Central Government) will be dealt with by the Court, if required, by interacting with the representatives of the respective State Governments. The Election Commission of India is also granted two weeks' time to bring on record an affidavit showing the nature of cases wherein the power under Section 11 of the Representation of the People Act, 1951 has been exercised in the past.

Issues:
1. Establishment of Special Courts for criminal cases involving political persons.
2. Disposal of cases involving Members of Legislative Assembly (MLAs) and Members of Parliament (MPs).
3. Information on criminal cases against present or former legislators (MP/MLA).
4. Financial implications and setting up of Special Courts.
5. Power exercised under Section 11 of the Representation of the People Act, 1951 by the Election Commission.

Analysis:
1. The Supreme Court directed the Competent Authority in the Union Government to provide information on the disposal of 1581 cases involving MLAs and MPs within one year, acquittals/convictions, and any new criminal cases against legislators. The Court suggested a Central Scheme for setting up Special Courts exclusively for such cases, similar to Fast Track Courts, subject to availability of finances with states.

2. The Court emphasized the need for expeditious disposal of cases involving political persons and requested a scheme to be presented for setting up Special Courts. The availability of funds for infrastructure, appointment of Judicial Officers, and other manpower requirements would be addressed based on the funds earmarked for this purpose. The Court scheduled further consideration of the matter for December 13, 2017.

3. The Additional Solicitor General assured the Court that the required information would be submitted within six weeks. Additionally, the Election Commission was granted two weeks to provide an affidavit detailing the cases where the power under Section 11 of the Representation of the People Act, 1951 had been exercised in the past. This information would contribute to the overall assessment of the situation regarding criminal cases involving political persons.

4. The Court's proactive approach in addressing the issue of delayed justice in cases involving legislators highlights the importance of setting up dedicated Special Courts. By involving the Union Government and Election Commission, the Court aims to streamline the process and ensure timely disposal of such cases. The financial aspect and coordination with state governments are crucial elements in the implementation of this directive.

5. The involvement of various legal representatives and officials underscores the significance of this judgment in promoting accountability and expediency in the judicial system, particularly concerning cases involving political figures. The Court's focus on transparency and effective resolution of these cases through the establishment of Special Courts reflects a commitment to upholding the rule of law and ensuring justice is served promptly in such matters.

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