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Supreme Court: The bench of Ranjan Gogoi and Navin Sinha, JJ asked the Central Government to constitute Special Courts to deal with cases involving MPs and MLAs and speedy disposal of these matters after the Election Commission of India recommended life ban on politicians convicted in criminal cases. The bench asked Centre to apprise it with the details of the criminal cases lodges against politicians from 2014 till date.

The Court asked Centre to place before it details regarding 1,581 cases involving MPs and MLAs, as declared by politicians at the time of filing their nominations during the 2014 general elections and that how many of these 1,581 cases have been disposed of within one year and how many have ended either in conviction or acquittal of the accused.

Centre told the bench that decriminalisation of politics has to be done and it was not averse to the setting up of special courts to deal with cases involving politicians and that the recommendations of the Election Commission of India and the Law Commission favouring life-time disqualification of politicians convicted in criminal cases was under the active consideration of the government.
The Court, hence, asked Centre to place before it the scheme for setting up of such special courts and also indicate the amount of funds that could be earmarked for the purpose. The matter has been listed on December 13, 2017 and Centre has to do the needful within 6 weeks.
Source: ET

Case BriefsSupreme Court

Supreme Court: In the controversy relating to right to the symbol allocated by the Election Commission of India to the AIADMK, the 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr DY Chandrachud, JJ asked the Election Commission of India to commence the hearing and dispose of the proceedings expeditiously, preferably by 10th November, 2017.

TTV Dinakaran, the petitioner, had claimed that he is authorised to have the symbol and the contesting respondents claim to the contrary. Senior counsel Ashok Desai, appearing for the petitioner had argued that a number of affidavits have been filed by the respondents and therefore, time is required to advert to the same and further it is necessary to refute the same. On the contrary, Senior Counsel Mukul Rohatgi, appearing for the respondents had argued that the affidavits have been filed on the basis of the directions issued by the Election Commission of India.

Refusing to go into the veracity of the affidavits, thee Court said that the Election Commission has the authority under the Representation of People’s Act, 1951 and Election Symbols (Reservation and Allotment) Order, 1968 to decide who is entitled to retain the symbol in case of dispute. [TTV Dinakaran v. B. Ramkumar Adityan, 2017 SCC OnLine SC 1199, order dated 06.10.2017]