The criminalization of Politics dubiously questions the credibility of the quality of governance in any democracy. Democracy is characterized by people’s participation in the formation of the government. The representatives whom people elect must come from a clear background with high standards of morality. But the grim reality with the steadily increasing criminal cases against the MPs and MLAs shatters the ideals and idea of good governance in the Indian democracy. It is also very uncertain that when these pending cases will come to conclusion given the reluctant attitude of the system to punish the legislators. According to the submission made by the amicus curiae to the Hon’ble Supreme Court in 2020, a total of 4, 442 cases are pending against MPs and MLAs.
Taking account of the pending trials against Legislators in the state of Punjab, the Hon’ble Punjab and Haryana High Court remarked that “undue delay in concluding an investigation is an infringement to right to fair and expeditious investigation and trial which flows from Article 21 of the Constitution.” In the state of Punjab alone, the number of cases pending against MPs and MLAs stands at 163 to date.
The Hon’ble High Court has taken up the case suo motu for the speedy disposal of criminal cases against elected representatives in pursuance of the directions given by the Hon’ble Supreme Court in Ashwani Kumar Upadhyay versus. Union of India & Anrs.
The Hon’ble division bench comprising of Hon’ble Justices Rajan Gupta and Karamjit Singh has ordered the various central and state agencies that are investigating the criminal cases against legislators to furnish the number of pending investigations before them in the next hearing due for July 19, 2021.