KOCHI: Kerala has 333 cases registered against former and sitting MPs and MLAs and, among these, 310 cases are against sitting lawmakers. According to a report, more than 100 cases were registered in 2012 and 2013 but charges have not been framed yet as the accused persons are politicians or elected representatives.Kerala, which boasts of a high literacy rate, is in the third position among the states for the number of cases pending against MPs and MLAs. The report, which was submitted in the Supreme Court by the amicus curiae appointed related to the speedy disposal of cases against legislators and accessed by TNIE, said that four legislators in Kerala face offences punishable with life imprisonment.
The report stated that Uttar Pradesh has the most number of pending cases against MPs and MLAs -- 1,217 -- of which sitting legislators are accused in 446 cases. Bihar comes second with 531 pending cases, of which sitting legislators are accused in 256 cases.The number of sitting legislators involved is more than the total number of cases in Kerala since there are more than one accused in one case, and the same legislator is an accused in more than one case.
Besides the offences punishable with life imprisonment, the cases in which the legislators are the accused relate to offences under the Prevention of Corruption Act, 1988; Prevention of Money Laundering Act; Prevention of Damage to Public Property Act, 1984; defamation under Section 500 of IPC; and cheating under Section 420 of IPC. The most number of cases is for violation of Section 188 of IPC (wilful disobedience and obstruction of orders promulgated by a public servant), stated the report.
“Two of the cases in which the accused could be punished with life imprisonment were registered for incidents of 1997 and 1992. However, trial in both cases has been stayed by the High Court. Another case relates to an incident in 2009, but the charges have not been framed yet,” stated the report.The first special court in the state was established in Ernakulam in 2018 and several cases including the case involving LDF MLAs who had created a ruckus in the state assembly in 2015, breaking chairs, snapping mikes and climbing atop tables, were referred to it. Initially, the assembly case was considered by the Chief Judicial Magistrate Court in Thiruvananthapuram and it was transferred to the Special court in Ernakulam based on the Supreme Court directive to dispose of the cases against MPs and MLAs as early as possible.
Considering the increasing number of such cases, the Supreme Court later directed the Kerala High Court to allocate the cases to the sessions courts. Following this, the assembly case file was again transferred to the CJM Court in Thiruvananthapuram in 2019. The trial in this case was adjourned 30 times in the courts for one reason or the other. T Asaf Ali, former director-general of prosecution, said no purpose will be served by constituting a special court for expediting trial unless there is constant monitoring by the High Court. He also pointed out that fast-track courts were established across the state spending crores of rupees, but these had not achieved the expected results.