Congress MP Suresh Kalmadi (left) and former union minister A Raja Congress MP Suresh Kalmadi (left) and former union minister A Raja

The Supreme Court on Monday ordered timely completion of trials against MPs and MLAs facing corruption and other serious criminal charges. As per the apex court directive, all such cases should be concluded within one year from the framing of charges.

In the event of a trial court not being able to complete the trial within one year, the court has to explain the reasons for this to the relevant chief justice, ordered SC. The apex court bench headed by Justice RM Lodha said the offences for which trial has to conclude within one year are those mentioned under Sections 8 (1), 8 (2) and 8 (3) of the Representation of People Act.

The Law Commission in a report filed before the apex court had demanded that those charged with offences punishable by an imprisonment of five years or more should not be allowed to fight any polls.

Court's approval

Politicians like former telecom minister A. Raja, Congress MP Suresh Kalmadi, YSR leader Congress chief Jagan Reddy, former Karnataka chief minister B. S. Yeddyurappa, Haryana MLA Gopal Kanda are facing serious charges.

These politicians could be debarred from contesting polls if the bench headed by Justice R. M. Lodha upholds the recommendations on Monday - a week before nomination process for the LS election commences.

On December 17 last year, the SC had sought the Commission's view in response to a PIL filed by NGO 'Public Interest Foundation', which sought persons charged with heinous offences debarred from contesting polls.

At present, persons merely charged are not disqualified from contesting polls even if they are arrested. They should be convicted to be debarred from contesting polls. After the SC's July 10 verdict, an MP or MLA is disqualified and debarred from contesting elections only after he/she is convicted in a case -which happened with RJD chief Lalu Prasad Yadav and Congress MP Rasheed Masood.

"The Commission in its report has supported the PIL and wants debarment of those charged with offences which can attract more than five years in jail, but it has provided certain safeguards. They are not for an automatic disqualification, but in favour of setting up an independent adjudicating body which shall receive pleas seeking debarment and take a decision," the source said.

"There are also certain precautions against foisting of false cases by rivals on the eve of election. And it has also set up a timeframe to submit these charges before the election process sets in," the source added.

The Election Commission has already informed the apex court that it was in favour of disqualifying those charged with heinous crime. The Law Ministry, too, had prepared a draft law on similar lines but failed to table it during the last session of Parliament. The Law Commission's suggestions assume significance as out of 4,835 MPs and MLAs, 1,448 are facing criminal charges, 641 for heinous crimes. Of 543 Lok Sabha MPs, 162 have pending criminal cases while 75 face serious charges.