In a communication to the highest judiciary, it was divulged that specialized judiciaries designated for the trial of criminal litigations linked with legislators, X and Y, resolved more than 2,000 lawsuits in the year 2023, and within that year, a total of 1,746 fresh criminal litigations were instituted against the MPs/MLAs, with a sum of 4,474 litigations lingering as of January 1, 2024. Additionally, approximately 501 candidates with criminal litigations are vying in the Lok Sabha elections during the initial two phases.
An official statement was submitted to the apex court by the experienced legal advisor Vijay Hansaria, who serves as amicus curiae in a Public Interest Litigation (PIL) petition filed by advocate Ashwini Upadhyay, who is demanding the expeditious resolution of criminal litigations against MPs/MLAs. The statement highlighted that in 2023, a total of 1,746 fresh criminal litigations were lodged against the MPs/MLAs, with a cumulative of 4,474 litigations pending as of January 1, 2024.
The statement elucidated, “in light of the directives issued by this honorable court in the ongoing proceedings, the initiatives taken by the respective superior courts, and the expeditious hearings by the specialized judiciaries for MPs/MLAs, over 2000 litigations were adjudicated in the year 2023. Nonetheless, a substantial number of litigations are still pending, with many of them lingering for a considerable duration.”
The statement emphasized that further directives were necessary for the prompt adjudication of ongoing trials and their investigation under vigilant oversight by the respective superior courts. It was noted that approximately 501 candidates with criminal litigations are contesting the Lok Sabha elections during the first two phases.
Referring to a report from the NGO ‘Association of Democratic Reforms for the Lok Sabha elections 2024 Phase I and Phase II,’ the statement articulated: “amongst 2,810 candidates (Phase I – 1618 candidates and Phase II – 1,192 candidates), 501 (18 per cent) candidates have criminal litigations against them, out of which, 327 (12 per cent) involve severe criminal litigations (punishable with imprisonment of 5 years and more)”.
The statement further noted that a similar scenario was observed during the 2019 Lok Sabha elections, where out of 7,928 candidates, 1,500 candidates (19 per cent) faced criminal litigations, out of which 1,070 candidates (13 per cent) were associated with severe criminal litigations. “However, out of 514 elected members of the 17th Lok Sabha (2019-2024), 225 members (44 per cent) were embroiled in criminal litigations. Consequently, candidates with criminal litigations secured more seats compared to candidates without such legal entanglements. In this context, it is imperative for this court to issue additional directives for the swift resolution of pending trials and investigations under rigorous oversight by the respective superior courts,” the statement underscored.
The statement included a tabulated representation based on the data obtained from various superior courts, indicating that as of January 1, 2023, there were 4,697 criminal litigations against the legislators, with 2,018 litigations resolved during the preceding year. According to the statement, Maharashtra resolved 232 litigations out of 476 cases against MPs/MLAs as of January 1, 2023; West Bengal resolved 13 out of 26; Gujarat resolved 30 out of 48; Karnataka resolved 150 out of 226; Kerala resolved 132 out of 370; and Bihar resolved 171 cases out of 525. In Uttar Pradesh, 766 cases out of 1,300 were adjudicated by the specialized courts as of January 1, 2023. Delhi had 105 cases at the commencement of 2023, yet 103 cases were resolved by December 31, 2023.
Hansaria also petitioned for a directive to establish a model website akin to the National Judicial Data Grid for the real-time uploading of information regarding the progress of trials of cases against lawmakers.