Bisheshwar Mishra / New Delhi
Opposition members in Rajya Sabha today questioned government’s assurance to Supreme Court of setting up special courts for speedy trial of cases pending against law makers (MLAs and MPs). Raising a point of order during zero hour Samajwadi Party MP Naresh Aggarwal said that Articles 14, 15 and 368 of the Constitution provided equality before law to all citizens. “Then why special courts for MLAs, MPs? This is not for terrorists. I want to know was it right for government to give such an affidavit. (Why) Special category for MLAs MPs? I want your ruling on this.” To which chairman Venkaiah Naidu said, “I will give my ruling.”
The government’s stand as expressed by the leader of the House and Finance Minister Arun Jaitley was equally emphatic. He said that law makers must be above board. “Like Caesar’s wife we must be above suspicion.” Jaitley said, “if an allegation is made (against an MP or MLA), let it be tried expeditiously. How can elected members say we have vested Interest in ensuring that our trials be delayed. So if the courts have said it, we should not stand and try ganging up against it.”
This lead to protest from the opposition benches and Leader of Opposition Ghulam Nabi Azad asserted loudly, “you have interpreted wrongly.” Chairman Naidu quickly intervened saying “both arguments will go on record.” Azad continued “that the legislators should not be singled out. The law should be for everybody. Legislators alone should not be singled out.”
Deputy leader of opposition Anand Sharma charged Jaitley of giving the argument a political twist. Arguing that legislators did not want to delay the trial of any accused person, Sharma said “when large number of our citizens who are languishing in prisons and they don’t get expeditious trial or justice. Besides a perception is created that special courts or fast track courts are needed only form MPs and MLAs then in public perception it is the profiling and excessive vilification of elected representatives.” He said article 14 provided for equality before law. Singling out elected representatives as a class will create a certain public perception. He urged government to consider global benchmarks of the legislatures and the constitution of democracies.
He further cautioned that “Otherwise it has inherent potential to be abused in entirety by the government of the day. The question is of the fundamental rights. Either we are going to dilute or deviate.” He questioned how the basic structure could be disturbed by any body.
Majeed Memon of Nationalist Congress Party said “this would be violation of the constitution and of justice, if only cases of MPs and MLAs are disposed in a time bound schedule and the other cases remain pending.” Independent MP and noted lawyer K T S Tulsi said that there were people living in jails for over 10 to 15 years. If only these (law makers) cases were taken up in fast courts then cases of those languishing in jails will go on slower courts. This would mean such prisoners will spend more time in jails. He said that just because they were poor they would not get justice.
MP, C M Ramesh of Telugu Desam Party, however, had a different view. He said that he welcomed government’s move of setting up fast track courts for MPs and MLAs because they were “law makers”. He said “their cases could not be prolonged because they are the one’s who are making the law.”
It may be recalled that government had told Supreme Court earlier this month that it has framed a scheme to set up a dozen special courts for a year to fast-track the trial of 1,581 criminal cases against politicians including parliamentarians and state legislators. These cases were declared by politicians in 2014 when they filed their nomination papers for the Lok Sabha polls as well as election to 8 state Assemblies.
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