July 27, 2014

Not that easy for Govt to fast track cases relating to MP /MLA - 3 Legal Reasons

It is not easy for Government to fast track criminal cases relating to MP /MLA

3 Legal Reasons

1) Well, you cannot single out any criminals for being tried in a special way...this violates their fundamental rights to be treated equally and Also under Art.21 ( Ref. A.R.Antule Case)

2) Governments have no power to give any such directions to Courts.

Only Supreme Court or High Courts can give such directions.

Supreme Court can direct listing of its own court.

But each High Court is also independent to decide its listing. So each High Court has to give such directions.

3) Central Govt can make a special law for fast tracking cases against MPs....

But for MLAs, each state government has to pass such law in State Assemblies.

And will MPs and MLAs agree to pass such special law for them?

As per my view, things are not easy. Many things are easier to say, difficult to do. There must be some way. But at least, I am not aware.

Haresh Raichura
27/07/2014