March 12, 2014

SC sets time frame to complete trial against MPs, MLAs




The Supreme Court on Monday set a time period of one year for lower courts to complete trial in criminal cases involving sitting MPs and MLAs.
The apex court said all such proceedings involving lawmakers must be conducted on a day-to-day basis. In order to expedite proceedings against lawmakers who continue to enjoy membership of legislative body during the pendency of case, a bench headed by Justice R M Lodha also said that lower courts will have to give explanation to the Chief Justice of the respective high court if the trial is not completed within a year.
The bench at one point during the hearing had expressed desire for fixing the period to six months but finally it went by the recommendation of the Law Commission which suggested for one year.  "We direct in cases of sitting MPs and MLAs who have charged for offences under Sections 8(1), 8(2), 8(3)of Representation of People's Act, the trial is to be conducted as expeditiously as possible but not later than one year from the date of framing of charges," the bench said.