Can’t direct suspension of MPs, MLAs facing criminal cases: SC


New Delhi (PTI): The Supreme Court Friday 4 January declined to hear a plea for disqualification of MPs and MLAs charge sheeted for crime against women but agreed to go into issues of fast track trial of rape cases and implementation of laws for safety of women.

The apex court, which was hearing two PILs filed after the December 16 gangrape incident, said it can only give notice to the government on limited issues as some of the prayers made in the petitions were beyond its jurisdiction.

“The issue of disqualification of MPs and MLAs is not in our jurisdiction,” a bench comprising justices K S Radhakrishnan and Dipak Misra said.

“What is our power on MPs and MLAs? Obviously, such a sweeping relief can’t be sought,” the bench said referring to the plea made for a direction for suspension of MPs and MLAs who have been charge-sheeted for crime against women.

The bench, during the hearing, suggested that the PIL petitioners should have taken a ground that if the investigation into the cases was not upto the mark, it should be treated as “misconduct” on the part of the investigating officer.

The bench also asked the government to apprise it about the terms and references of justice J S Verma Committee which was set up to review and strengthen the existing law on rape and offences against women.

While the submission was made about the disqualification of politicians facing criminal cases, the bench observed that without going into the status of a person in life, they should be put on fast track trial.

The bench was told that out of 4835 MPs and MLAs in the country, 1448 are facing criminal cases.

However, the bench said at the moment it was not concerned with the issue and decided to hear the PIL on the limited issues.


  1. The police are under the influence of political masters.They have to get the nod from them before taking any action against those who are well connected.Even if they make the mistake of acting on the basis of professional wisdom he /she will be transferred out and a pliant policeman will be posted in his place. If there is a system of treating badly investigated case by Police resulting in aquittal of criminal the concerned officer is brought under the charge of misconduct such deliberate mishandling of investigation should diminish.However the best solution is to bring in Police reforms as per Supreme court Judgement of 2005. No political party wants to bring in such reforms so that they enjoy the perpetual immunity against criminal prosecution.

  2. Making the names and addresses of the MPs and MLAs who have committed crimes against women public would be a start. They are free, and have probably repeated these crimes. The victims on the other hand are scarred for life.


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