The Supreme Court on Thursday expressed its shock over a criminal case pending against a politician for 36 years in Punjab's Tarn Taran district.
A bench of Justices N V Ramana, Surya Kant and Hrishikesh Roy asked the Punjab and Haryana High Court to inquire into the matter. The court also sought details of pending cases against former and sitting MPs and MLAs across the country.
The Punjab case related to the murder of Dr Sudarshan Kumar Trehan in 1983. Former Shiromani Akali Dal MLA Virsa Singh Voltoha was named as accused in a confession of a co-accused but Punjab Police delayed presenting a supplementary charge sheet. Charges were framed only early this year.
As amicus curiae senior advocate Vijay Hansaria informed the court about the pendency of over 4,000 cases against the politicians, the court sought to know details of the oldest case.
The counsel said a case of the year, 1983 is pending in Punjab. He said only charges have been framed in the matter this year. On this, the court asked the Punjab and Haryana High Court to look into the matter.
It asked the state government if it was not responsible for prosecution. "Why is it that a case of life imprisonment is pending for 36 years," the bench asked the counsel who assured the court to give details on Wednesday (September 16), the next date of hearing.
Meanwhile, the court sought a response from the Centre on a plea by BJP leader and advocate Ashwini Kumar Upadhyay for providing adequate infrastructure to special courts set up to exclusively try MPs and MLAs and debar the convicted persons from contesting elections for life. It gave six weeks time to the Union government to respond to the amended petition by Upadhyay.
The court, however, said it would focus on expediting the pending trial.
On September 8, the court was informed that a total of 4,442 cases were pending against MPs and MLAs in special courts across the country. Out of which, sitting legislators are accused persons in 2,556 cases. Trial in 352 cases are held up due to stay granted by higher courts.
Of all the states, Uttar Pradesh topped the list with 1,217 cases.
As many as 413 cases related to offences punishable with life imprisonment were pending. Out of which 174 cases involved sitting legislators as accused.