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Complete trial of lawmakers in a year: Indian Supreme Court to courts

Indian Supreme court.
Indian Supreme court.

Indian Supreme Court has directed lower courts to complete trial of cases involving lawmakers within a year.

New Delhi, March 10/Nationalturk – In yet another significant verdict, Indian Supreme Court Monday directed lower courts to complete trial of cases involving lawmakers within a year.

Supreme Court bench headed by Justice R M Lodha set a deadline of one year for lower courts to complete the trial in cases involving lawmakers including parliament members and Assembly members.

The apex court also ruled that the trial judge will have to explain to the Chief Justice of respective High Court reasons for failure to complete the trial against lawmakers within a year.

‘Time period can be extended by the Chief Justice’

“The period can be extended by the Chief Justice if he is satisfied with the reason given by trial judge for not completing the trial within this period,” the bench said.

Explaining further, the court said in cases of any offence related to Sec 8(1), Sec 8(2), Sec 8(3) of the Representation of People’s Act, the trial will have to be completed in 1 year. “These include offences for which maximum punishment is 2 years or more or offence like insulting national flag, spreading enmity between communities or hoarding of essential commodities”.

“The trial in cases involving lawmakers should be conducted on day-to-day basis,” the Supreme court rule after hearing a petition filed by a Non Governmental Organisation (NGO).

Lawmakers continued to enjoy membership of parliament: NGO

The petitioner had stated that lawmakers continued to enjoy membership of parliament and assembly even after being charged with serious offences due to delay in proceedings.

In July 2013, Indian Supreme Court had struck down the legal provision that protects a lawmaker from disqualification even after conviction in a criminal case. It had ruled that lawmakers stand disqualified from holding the membership of parliament or State Assemblies from the date of conviction in a trial court.

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