Today’s news from the Supreme Court: Why the delay in the investigation of cases against MPs and MLAs? Supreme Court stern on ED and CBI – Supreme Court expresses displeasure over delay in chargesheets in pending AID and CBI cases against MPs and MLAs
The Supreme Court has expressed displeasure over the delay in filing chargesheets in pending ED and CBI cases against MPs and MLAs. Expressing concern, the apex court said that the investigation into the case registered by the ED and CBI against the MLAs and MPs was proceeding at a slow pace. The Chief Justice of the Supreme Court said that the ED and CBI did not give any reason as to why the chargesheet was not filed even after 10 years in many cases. But at the same time, the apex court noted that the judiciary, like the judiciary, was suffering from a shortage of manpower.
121 CBI cases against MPs and MLAs
Earlier, the court counsel submitted a report to the apex court stating that there was a case of money laundering against 122 MPs and MLAs and the ED was investigating the matter. It has 51 seats and a former MP. The apex court has also been told that the CBI has registered 121 cases. A bench headed by the Chief Justice on Wednesday heard a petition filed by BJP leader Ashwini Upadhyay seeking speedy disposal of cases filed against MPs and MLAs.
‘Why no chargesheet in such an old case’
Supreme Court Chief Justice NV Raman expressed displeasure during the hearing, saying the report was incomplete. The report did not explain why the chargesheet was not filed in the cases for 10-15 years. The report has money laundering cases against 51 MPs and former MPs, while there are 71 cases against MLAs and MLCs.
There are 19 cases against MPs and 24 cases against MLAs which are pending. There are 121 CBI cases. The report said 28 cases of money laundering were still pending investigation. There are 121 cases pending with the CBI, out of which 58 cases are up to life imprisonment. The CBI is still investigating 37 cases. Chargesheets have not been filed in 45 cases.
Work stress on the investigative machinery as well as judges
The Chief Justice of the Supreme Court said that we do not want to discourage the investigative machinery. The investigative apparatus has the same workload as the judges. But at the same time said that your report says a lot. You have done nothing but attachments in money laundering cases. It is useless without all the chargesheets.
Meanwhile, Solicitor General Tushar Mehta said that a reply from foreign countries is awaited in money laundering cases. It is easy to say that the trial should be speedy but where are the judges. Manpower is the main issue. The investigation mechanism is also traveling in this case. Everyone wants a CBI inquiry. “We are all dependent on Tushar Mehta. If he provides adequate infrastructure, the hearing can take place,” the chief justice said lightly.
Lack of manpower in investigative machinery like judiciary
The apex court said the agency, like the judiciary, was suffering from a shortage of manpower. A practical approach has to be taken in this regard. Tell us about it, Solicitor General. We understand that lack of manpower is a big problem. The investigative machinery, like ours, seems to be short of manpower. You see, everyone is saying that there should be a CBI inquiry. Mr. Mehta, we look forward to your cooperation in this matter. Court adviser Vijay Hansaria told the court that a monitoring committee should be set up to look into the delay in the investigation. The Supreme Court should be the Chief Justice of the High Court. Also, the directors of ED and CBI should be in this committee. The apex court has asked Tushar Mehta to give instructions on this.
Lawsuits filed against MPs and MLAs will not be returned without the approval of the High Court.
The Supreme Court has said that criminal cases against MPs and MLAs will not be withdrawn without the approval of the High Court. “We are not against withdrawing the case but it will have to be investigated by the judiciary,” the apex court said on Wednesday. If the High Court conducts an examination for this and is satisfied that the case can be withdrawn, it will allow the State Government to do so. The apex court had on August 10 issued an order in this regard.
The state government has withdrawn 77 cases in the Muzaffarnagar riots case
During the hearing of the case, the court counsel submitted the report and said that the UP government has withdrawn 77 cases in the Muzaffarnagar riots case. In some cases, life imprisonment is provided. A court counsel said 510 cases have been registered in the Danja case. Of these, charges were filed in 175 and final reports were submitted in 165 while the state government decided to withdraw 77 cases.
‘Don’t consider the need for an early hearing on the appeals of MLAs and MPs’
The apex court has said that the order for speedy trial of pending cases against MPs and MLAs should not be construed as hearing on their appeals. The Supreme Court clarified that the High Court should not interpret our order in such a way that the appeals of MPs and MLAs will be heard.
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