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1,300 cases pending against sitting MPs, MLAs

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Agencies

Posted online: Monday , March 10, 2008 at 03:15:40
Updated: Monday , March 10, 2008 at 03:36:49


New Delhi, March 10: In statistics that do not show the country's politicians in good light, around 1,300 cases are pending against sitting MPs and MLAs in various courts.

Law and Justice Minister H R Bhardwaj provided the information in a written reply in Rajya Sabha on Monday quoting the figures as on March 31, 2007, gathered by a department-related Parliamentary Standing Committee.

Further, the CBI has reported that it is investigating around 65 such cases.

The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice while studying the issue of 'Electoral Reforms' was seized of the matter pertaining to chargesheet files against sitting MPs/MLAs in different competent courts of law.

All state governments and UT Administrations were asked to provide the requisite information to the committee.

Some states/UTs have furnished the information, as per which around 1,300 cases are pending against sitting MPs/MLAs in various courts, the Minister said.

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CBI is licensed to Violate the fundamental rights by common indian on 08 Apr 2008

it is wrong notion that CBI is to arrest Corruption or crminilasation. all indicators indicate that CBI is machinery to inflict unconstitutional Harassment on innocents and Protect the Polotically patronised Criminals through never endng trials. They intentionally made long list of witness and manipulate the information , so as to achieve the objectives- prolonging harassment of innocent and prevent prosecution of criminals.

Criminals in Parliament by Bhaskar Chakrabarti on 20 Mar 2008

The Election Commission should immediately take steps to stop MPs/MLAs to contest future elections who have criminal cases against them. However, EC is not able to take action since all the MPs in Parliament (all parties) are stopping EC from taking any action. This is the root cause of all evils in Parliament. Moreover, EC should not let any candidate contest elections from two places or more. Also the security deposit should be increased five to six times so that independent or front or non-serious candidates are eliminated.

More criminals are on the way to RS by n.krishna on 13 Mar 2008

The DMK nominee Vasanthi Stanley for the Rajya Sabha seat from TN, is another criminal to our RS. As per Central Crime Branch (CCB), Vasanthi is a co-accused in at least 5 cases in which the CCB has filed FIRs. When filing her nomination papers on Wednesday, Vasanthi declared that she was “not accused of any offences punishable with imprisonment for 2 years or more in pending cases in which charges have been framed by the courts of competent jurisdiction.” As per CCB, Stanely Rajan, had obtained loans to the tune of Rs 3.5 crore from 12 banks, in Chennai by forging documents of a single property as collateral security and Vasanthi has signed as a “co-applicant” for five loans. Her husband had also secured loans from nine other banks using another property of which she had signed as a witness/surety for some. While Mr Rajan was arrested and spent 4 months in prison before getting enlarged on bail in 2007, the DMK Rajya Sabha nominee has “taken anticipatory bail for five cases in which she is the second accused.” This apart, the Syndicate Bank branch had also published photos of both Rajan and Vasanthi in newspapers as willful defaulters

criminal cases against elected people in India by dalip singh wasan on 11 Mar 2008

The man who wants to take interest in elections must get his registration with the Deputy Commissioner so that his character and antecedents could be verified in time and none should be allowed contest election who is not certified as such by the Deputy Commissioner. since all elected people are public servants, therefore, the same method should be applied which is applicable in case of recruitment of officers and officials for government service.

Pending cases 1301including Justice Minister H R Bhardwaj by n.krishna on 11 Mar 2008

Justice Minister H R Bhardwaj was instrumental in defreezing the frozen account of the bofors criminal Ottavio Quttrochi. Quttrochi collected the Bofors payoff on behalf of Bofors chor Rajiv Gandhi. On the orders of Sonia Gandhi Justice Minister H R Bhardwaj released the money to that criminal. S Justice Minister H R Bhardwaj should also be included in this list

SET PROPER STANDARDS OF CONDUCT IN PUBLIC LIFE by SUBHASH SAMPAT on 11 Mar 2008

The first thing all political parties need to do, to set proper standards of conduct in public life, is to ask all those convicted of an offence to resign their seats - whether they are in gram or jilla panchayats, town or city municipalities, State Assemblies, Lok or Rajya Sabha. They should also be dismissed from the parties forthwith. I believe several statutes exist in this regard, one of which says that any person convicted of an offence cannot stand for elections to any of these representative bodies. Why are these criminals allowed to stand for elections, then? And why are their elections not challenged in courts of law? The Election Commission should ask for the details of any convictions and reject their nomination papers at the time of elections. If candidates file false returns, they can always be disqualified later on when exposed. All statutes on this matter should be reviewed, re-enacted or tightened. People practicing in the field of law should file petitions in court to disqualify such people from holding any electoral offices like the Allahabad High Court ruling that disqualified Mrs Indira Gandhi after convicting her of electoral malpractices. The former Chief Minister of Maharashtra Abdul Rahman Antulay was similarly forced to resign after being convicted of being involved in a cement scam. Besides the executive and the legislature, the third arm of any good democracy that is the judiciary - has a vital role to play in cleaning up the legislatures of such criminal elements.

WAYS TO WEED OUT CRIMINAL ELEMENTS FROM REPRESENTATIVE BODIES by SUBHASH SAMPAT on 11 Mar 2008

My analysis following only brief research is as follows: The Electoral Act of UK at least sets up two means by which an allegation of "corrupt practice" (ie, knowingly overspending under s213(3)(a) can be dealt with: A prosecution for breaching s213(3)(a); an electoral petition challenging the result in a constituency seat under s230. The prosecution path is relatively straight-forward because it happens independently of a challenge to the outcome of an election. If convicted, the MP's seat is declared vacant under s55(1)(e). As a consequence, under s129, a by-election is held. (And, of course, the MP guilty of a corrupt practice can't re-stand because they will be on the Corrupt Practices List and disqualified from voting/standing for 3 years). However, if the issue arises in an electoral petition, I think the High Court has the power to declare the next highest polling candidate the winner of the seat - If a candidate is found guilty of a corrupt practice under section 237, the his or her election is declared void. Under section 243, the High Court then certifies the outcome of the petition, namely whether the member whose election or return is complained of, or any and what other person, was duly elected or returned, or whether the election was void. My view is that the High Courts power is threefold: declaring that the present winner didnt win, declaring that another candidate won, or declaring the entire election (in that electorate) void.

THE ANSWERS TO THIS PROBLEM CAN BE FOUND IN THE STATUTE BOOKS by SUBHASH SAMPAT on 11 Mar 2008

The UK courts take the view that it depends on whether the facts giving rise to the voiding of a candidates election were known to voters before they cast their votes. In Drinkwater v Deakin (1874) LR 9, Brett J said: I accept that which seems to me to have been always admitted to be the law., the proposition which I have expressed, as generally applicable to all cases where notice of the law as affecting any subject- matter is material. That is to say, where by the law, if certain facts exist incapacity exists and where by the law, if the law were known to the elector, his vote would be thrown away if he persisted in voting for the disqualified candidate.. Applying those principles to the present notice, if it were the law that personal bribery rendered the person guilty of it and incapable of being a candidate I should have thought that the notice was sufficient. The candidate had been disqualified because he bribed voters. As this fact and potential disqualification has been made known to electors by his opposing candidate, the next highest polling candidate was declared elected. Further wordings in this ruling are complicated for the layman and women to understand so I am not quoting them but I am sure if Indian lawyers were to refer to this ruling in detail, it will provide answers to this problem.

Charges against MPs by Saratchandran on 11 Mar 2008

If law makers themselves are law breakers it is then a case of 'the fence eating the crop'.Solutions are hard to come by unless the populous wakes up to it and set their own standards of decency and vote them out or petition to electoral commission to disqualify these rogues.

criminallawmakers by swamynathan on 11 Mar 2008

We have to bow our heads for electing such lawmakers.

Correct Slogan by ashutosh mishra on 11 Mar 2008

Arre bhaai, you misquoted it! Sau me se nabbbe beimaan phir bhi mera bharat mahaan. Thanks.

Politicians!! by Akz on 11 Mar 2008

Mera Bharat Mahan!!!

SOLUTION by CHIEF on 11 Mar 2008

THEY ARE ALL LINKED TO THE CHAMBAN VALLEY DACOITS.AREEST THESE THUGS AND LOCK THEM UP.

cases pending against politicians by vinayak on 11 Mar 2008

Rot has set in from top of political pyramid. You have read about President (just before election). Everybody has heard about Bofors and role of law minister in stopping further investigations. In states there are chara ghotalas. There is no will to pursue the cases to their logical end.

Revolution in Justice department needed. by jyoti mandalam on 11 Mar 2008

What is needed is a revolution in our justice department. Otherwise, the things are slipping beyond a point like in French revolution, and a day may come (hope not) when the public may decide to judge the corrupt politicians itself.

LAWLESS INDIA by jyoti rishi on 11 Mar 2008

If Indian courts can not settle and bring justice to lawmakers themselves in a timely manner, then it would be foolish to assume they will deliver worthwhile to common people. Is it in the interest of lawmakers to make our justice system super efficient ? Can someone recall protest by 'government lawyers' on use of computers in Dr. Venugopal's case, though it could have made things faster by keeping all arguments neatly organised, and no one would have to pay bribe just to get the file to the judge.

BREAKDOWN OF CASES AGAINST SITTING LAWMAKERS. by vakalat mahir jokhim on 11 Mar 2008

Following is most likely breakdown of cases against sitting lawmakers:1. murder 15-20%2. Rape 5 %3. rishwat and ghoose 30-50%4. illegal property interests 30%5. corruption and abuse of post 5% (infact it accounts for 100%, as if the crime was done, then it must be illegal even to contest elections).If the breakdown is different, then it should be released in the interest of public. Bharat mata is bandi not of gaure any more, but falling victim to such rulers.

Cases against MPs/MLAs by Ashok Mehdiratta on 11 Mar 2008

This is only Tip of the Iceberg.These are only what has been recorded or reported.Let 100% cases be recorded and we will see that figure is 100 times or even more.If details of these 1300 cases are further analysed we shall see that some of our MPs will have more than 100 cases against them.But then electorate is to blamed for this.People elect and get the type of Govt they deserve.

its indian court lifestyle. by mike on 11 Mar 2008

after several decades these case will be still pending,mera bharat mahan.

Criminals in legislature by richard on 11 Mar 2008

We better do something about it fast, otherwise our legislatures and parliament would become the hiding places for the criminals.

A salute to the INDIAN EXPRESS. by "Nautankee" on 11 Mar 2008

Sir,Katara human smuggling,bribes taken by the BJP on petrol pumps,bribes taken by the BJP MP's for asking questions in the parliament,BJP's sld their votes to their arch rivals from the Muslim Leauge,MP's overnight becomeing 1400 crores richer are some of the very few cases which needs some answers. These are some of the isues which were taken up by the aam aadmi friendly Indian Express.

Please, write sensible things. by Sonu Anand on 11 Mar 2008

u r anti- bjp. Are you Anti-Hindu too?R u from Pakistan?

1300 cases against MPs and MLAs by Varinder Sarin on 10 Mar 2008

If the statistics are true, the future of Indian democracy is surely doomed.How proudly law minster is givng these statistics, Is the government not ashamed for not creating more posts of judges and setting of fast track courts to try these 1300 Maharajas who putting the nation yo shame!!!

13000 cases pending agsinst mp mls by gdgupta on 10 Mar 2008

Dear Mr Bhardwaj Law Minister, What are you doing there at sitting and broadcasting news against MPs MLA'sWhat is the function of law ministry and law dept, when law makers are a the law brackers. Pls explain in house in righting your suggessions, to contorl it, with immediate effects.

Bhardwaj Law Minister is also a criminal by n.krishna on 10 Mar 2008

There should be 1301 criminals including Bhardwaj Law Minister as he is the criminal who cleared the frozen bank account of the Bofors criminal Ottavio Quttrochi who collected money on behalf of Bofors chor Rajiv Gandhi, and even had paid for Rajiv's assassination to LTTE AS PER THE FRENCH INTELLIGENCE AGENCY

doctor by sahebrao on 10 Mar 2008

law makers r the law brokers how can one expect in the land of budha

1300 cases... by ramesh kumar on 10 Mar 2008

every year our country produce 20 thugs MPS

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