Why tainted leaders have the right to make laws? : Argument made by Justice Mitra in the Supreme Court

-Let the case against them be completed first

New Delhi Dated 5th November 2020 Thursday

The Amicus Curiae had argued in the Supreme Court how 'tainted' legislators or MPs with criminal cases against them could legislate for the public. The criminal case against him should be completed first. He should be allowed to make an act only if he is proved innocent

Senior legislator Vijay Hansaria was presenting his arguments in a bench headed by Justice NV Raman. He said that only those MPs or MLAs who are proved innocent can make laws for such a man. The tainted members thus cannot get the right to legislate for the man. Currently, there are many MPs and MLAs who, despite having criminal cases against them, play an important role in making laws.

He said that if a case was pending against such leaders in a fast track court, the judge of the court should be allowed to remain in the post for two years and vigilance should be taken to ensure timely completion of the case. At the same time, state governments should appoint a nodal prosecution officer. Hansaria drew the court's attention to the fact that many such MLAs and MPs were currently holding ministerial posts.

Hansaria also told the apex court that the number of special courts for disposal of such criminal cases was too small. The apex court had recently criticized the police for negligence in arresting former and current MLAs as well as MPs with criminal cases and said the police should perform their duty impartially. The court said the police were coming under pressure from such people, which was detrimental to the judiciary. As such leaders are involved in the promotion of the concerned police officer, the police are reluctant to take action, Justice Raman said.