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?Complete trials against lawmakers within a year?

The Supreme Court on Monday asked the courts below to expedite the trials against lawmakers accused of grave crimes, including corruption, within a year of charges being framed.

The Supreme Court on Monday asked the courts below to expedite the trials against lawmakers accused of grave crimes, including corruption, within a year of charges being framed.

A bench, headed by justice RM Lodha, also ordered that the trial courts will have to give an explanation to the chief justice of the respective high court if the trial is not completed within a year. It, however, said the period can be extended by the chief justice if he is satisfied with the reason given by the trial judge.

The court said the offences for which trial has to conclude within one year, are those mentioned under Sections 8 (1), 8 (2) and 8 (3) of the Representation of People Act.

In a landmark judgment last year, the Supreme Court had ruled that lawmakers convicted of a crime will stand disqualified immediately.

Stating that such proceedings against lawmakers must be conducted on a day-to-day basis in order to expedite the trial, the bench said that as the trial takes years to complete, the lawmakers continue to enjoy membership of the legislative body despite being charged in a heinous offence.

The apex court took note of the law commission’s report, that said the disqualification after conviction and sentence of more than two years has proved ineffective because of long delay in trials.

The commission said filing of chargesheet in heinous crimes against MPs and MLAs may not be an appropriate stage to disqualify them. The law commission however, said that MPs and MLAs can be disqualified if the trial court framed charges against them.

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First published on: 11-03-2014 at 04:28 IST
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