Karnataka, Punjab CMs in list of criminal cases pending against legislators submitted to SC

Team Udayavani, Dec 5, 2018, 9:42 AM IST

New Delhi/Bengaluru: Names of chief ministers of Punjab and Karnataka — Captain Amarinder Singh and H D Kumaraswamy — along with a former chief minister found mention in the list of 4,122 criminal cases pending against serving and ex-legislators that was submitted before the Supreme Court on Tuesday. Former Karnataka chief minister B S Yeddyurappa also figured in the list along with serving Kerala minister M M Mani and sitting NCP MLA from Gujarat Kandhalbhai Sarmanbhai Jadeja. A report containing the list said nine cases are registered against former Karnataka BJP MLC and mining baron G Janardhan Reddy. 

Of these, eight are punishable with life imprisonment while one is punishable with imprisonment with seven years. The apex court, which is dealing with a PIL on the issue, was informed that FIR registered in 2017 with SIT Lokayukta against Kumaraswamy for an offence punishable with life imprisonment is awaiting final report, pending probe.

The report said a corruption case against Captain Amarinder Singh is pending since 2007 and charge has not yet been framed. The submissions were made in the report filed by senior advocate Vijay Hansaria, who is assisting the court as amicus curiae in the matter along with advocate Sneha Kalita. It said Yeddyurappa has 18 cases against him out of which 14 are punishable with life imprisonment. In the case of Kerala Electricity Minister M M Mani lodged in 1982, charges have not yet been framed even though the charge sheet was filed on November 18, 2015. 

The report said in Gujarat, six criminal cases are pending against Jadeja, out of which three offences were registered between 1994 and 1998 under TADA and/or Arms Act punishable with imprisonment for life or 10 years. “In all these three cases charges have not been framed and the matter is under stay either before the Supreme Court/ High Court,” it said. In Uttar Pradesh, it said, all the 992 cases have been transferred to the special court for MPs and MLAs at Allahabad, both triable by Sessions as well as Magistrate. The charges have not been framed in 395 of these cases, and the High Court has put a stay on 14. It said 22 FIRs are registered against former Samajwadi Party MP Ateeq Ahmed, out of which 10 are for offences punishable with imprisonment for life or death sentence, and are pending at various stages. 

Twelve FIRs are registered against former Shiv Sena MLA Pawan Kumar Pandey, between 1989 and 2017, out of which three are for offences punishable with imprisonment for life/ death sentence, and are pending at various stages, it said. It said six FIRs are registered against former Samajwadi Party MLA Khalid Azeem, between 2003 and 2011, out of which five are for offences punishable with imprisonment for life/death sentence are pending at various stages. Six FIRs are registered against sitting (BJP) MLA Upendra Tiwari, between 1996 and 2011, out of which three are for offences punishable with imprisonment for life/ death sentence are pending at various stages. 

FIR was registered against former MLA Chote Lal Gangwar, in which charge sheet was filed on December 14, 1999 and the present status is not known, it said. In Bihar, there are total 23 cases pending which are punishable with life term registered between 1991 and 2018. The report said FIRs were registered against sitting legislators Shamim Akhtar, Anant Kumar Singh, Randhir Kumar Soni of JD(U) and Sarfaraz Alam of RJD, for an offence punishable with imprisonment up to life but charges have not yet been framed. The report said FIR was registered against sitting BJP MLA Shashikant Mohabat Ram Pandya in 1998 for offences, punishable with imprisonment up to life and the charges were framed in 2014 but the case is at the stage of recording prosecution evidence. 

In Karnataka, there are a total of 58 cases pending against MLAs punishable with imprisonment for life most of whom are on the basis of SIT constituted by the Lokayukta. “Out of these 58 cases, 34 cases are against 9 sitting MLAs and 24 cases are against 6 former MLAs. Most of these cases registered in 2015 and the final report is awaited,” it said. 

In Madhya Pradesh, all 168 cases have been transferred to the Special Court for MPs/ MLAs at Bhopal, both triable by Sessions as well as Magistrate, the report said, adding that there are total 36 cases pending which are punishable with imprisonment for life, registered between 1998 and 2018. Three FIRs are registered against Congress leader Digvijay Singh all of which are punishable with imprisonment for life, it said. In Maharashtra, 31 Magisterial trial cases have been transferred to Chief Metropolitan Magistrate, Mumbai, who has been designated for cases of MPs/ MLAs in terms of the orders of this court and involve 23 sitting legislators but in 21 cases charges have not been framed. 

Thirty-three criminal cases are pending against former Congress MLA Ramesh Chandra Jena in Odisha out of which five offences were registered under Section 302 IPC (murder) punishable with death sentence or imprisonment for life. In Tamil Nadu, 321 cases are pending out of which only 71 are pending trial and in 188 cases even charges have not been framed. While in West Bengal, out of 269 cases, 231 have been transferred to the special court for MPs/ MLAs, while 38 sessions trial cases of MP/ MLA have been transferred to a special court in Andhra Pradesh.