Set up 12 spl courts to hear cases of MPs/MLAs by March 1: SC

PTI, NEW DELHI: The Supreme Court today directed that 12 special courts, to be set up to exclusively deal with cases involving lawmakers, should start functioning from March 1 next year and asked the Centre to "forthwith" allocate Rs 7.80 crore proportionately to the respective states. Immediately after the allocation of the funds by the Centre, the concerned state governments should, in consultation with the high courts, set up these special courts and ensure that they become functional from March 1, it said.

A bench comprising Justices Ranjan Gogoi and Navin Sinha also granted two months to the Centre to collect and collate the data regarding cases involving MPs and MLAs pending across the country, observing that information sought by it was not "readily available". The court perused the additional affidavit filed by the Centre in the matter in which the government has proposed the setting up of 12 special courts at this stage to deal with the cases involving politicians and said that Rs 7.8 crore would be earmarked for it.

"Having considered the matter, we direct the Union of India to proportionately allocate the aforesaid expenditure, that is Rs 7.80 crore, to different states in which the special courts are planned to be located. This should be done forthwith," the bench said. "Immediately after such allocation is made and intimated to the respective state governments, the state governments in consultation with the high courts will set up the fast track courts (12 in all) to ensure that the said courts start functioning from March 1, 2018," the court said.

The apex court said the "main issue" relating to a life ban on convicted politicians would be taken up for hearing in the month of March. When the advocates appearing for petitioners argued that more special courts should be constituted by the Centre, the bench observed, "let 12 courts, which they have proposed to set up, be set up first. Let's not block it. This is not the end to it".

"It is very easy to find fault. It is the easiest thing to do. First, let these courts start," the bench said. The top court also said the respective high courts would trace out from case records under their jurisdiction, the cases pending against the lawmakers and earmark them to these special courts. "We further make it clear that what has been directed above is all very tentative at this stage and has been so done with a view to get the Court(s) operational and functional. As and when necessary changes are required to be made in the present directions or any additional directions are called for, the same will be issued, as may be required," it said.