The Apex Court’s direction has come against the backdrop of a pertinent question, “Will Netas facing criminal charges ever go behind bars?”
An estimated 4,400 cases of politicians facing criminal charges are pending before various courts in the country. They include former and sitting people’s representatives, who have chosen politics as a safe haven to evade possible action against them. The criminal-politician nexus has become a major concern. While some politicians have been appealing in higher courts against convictions in lower court, there are others who are out on bail.
The recent Supreme Court direction to fast track the trials of politicians facing criminal charges has also got the support of the Centre. It means the fast track trials may have to be concluded within one year. But, will convictions by the fast track courts land Netas behind bars is the question many are asking. Besides, trials where FIRs have been filed by the CBI, Enforcement Directorate and others are moving at a snail pace.
As there is always an opportunity to appeal against the verdicts of lower courts, the legal principle of ‘non-guilty, until proven guilty’ has given a window for many politicians facing serious criminal charges to be out on bail for decades and continue in their political careers.
According to sources, in Telangana alone, 118 cases are pending against several former and sitting people’s representatives. Out of this, 13 have been facing trials in cases filed by the Central Investigation Bureau (CBI). They are facing charges which attract punishments ranging from simple fines to life imprisonment.
HCs asked to prepare action plans.
The Apex Court has asked the State High Courts to submit action plans for conducting speedy trails in pending cases against Netas. The top court of the country has directed to include a 9-point action plan. Accordingly, the HCs have to identify the number of cases pending against people’s representatives in each district under their jurisdiction, the numerical strength of judges, tenures of their offices and the number of cases each fast track court can decide. The Apex Court has also asked to bring cases under stay to their logical conclusions within two months. Also, details of the distance between the fast track courts, and available infrastructure are to be included while submitting the action plans.
Chief justices of respective high courts will supervise and monitor the progress of cases. The Apex court has also asked for suggestions on the advices made by the chief justices of the HCs and Amicus Curiae.
