1,097 criminal cases pending against lawmakers before special courts, Centre tells SC
New Delhi, Sep 11 : The Centre on Tuesday informed the Supreme Court that 1097 criminal cases are pending before 12 special courts against members of parliament and members of State legislatures in 11 states and a Union Territory.
The Ministry of Law and Justice in an affidavit told the court that there are a dozen courts -- six sessions and five magistrate courts (in the case of Tamil Nadu, the class of the court has not been indicated). As many as 1,233 criminal cases involving MPs and MLAs were transferred to these courts.
Of these 1,233 cases, 136 have been disposed of and 1,097 are pending.
The Centre's reply came in response to August 21 order of the top court seeking to know the number of special courts that have been set up following its December 14, 2017 order and the number of cases pending before these courts.
Of the special courts, two are in Delhi, one each in Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Uttar Pradesh, Bihar, West Bengal, Maharashtra and Madhya Pradesh. These courts, Centre told the court, would function within the territorial jurisdiction of the state they have been set up.
In the remaining states where the cases against MP/MLAs are less than 65, the Centre has said these would be tried by regular courts in fast-track mode.
On the requirement of additional courts, the Centre said that Karnataka, Kerala, Madhya Pradesh, Patna and Calcutta high courts have said that there was no need for additional courts.
The Bombay High Court has said it needs additional courts, but it has not indicated the number. The Delhi High Court has left it to the government to take a call. The Madras High Court, Andhra Pradesh High Court (for both Telangana and Andhra Pradesh) and Allahabad High Court, the Centre said have not furnished any information.
The top court by its December 2017 order had directed the Centre to set up special courts for trying criminal cases against lawmakers so that trial in these cases could conclude in a year.
The top court order came on a petition by Supreme Court lawyer and BJP leader Ashwimni Kumar Upadhyay who is seeking that the trial in criminal cases against the MPs/MLAs be done by special courts and conclude within one year.
The matter is listed for hearing on Wednesday.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
