51 MPs, 71 MLAs accused in ED cases: Amicus Curiae to Supreme Court

There are 51 Members of Parliament (MPs), sitting and former who stand accused by the Enforcement Directorate of offence under the Prevention of Money Laundering Act (PMLA), a status report submitted before the Supreme Court by ED said [Ashwini Kumar Upadhyay v Union of India]..Similarly, 71 MLAs, current and former, are accused in cases arising out of offences under PMLA.The report did not specify the exactly how many of those are sitting MPs/MLAs and how many are former MPs/ MLAs.A similar report submitted by the Central Bureau of Investigation (CBI) said that a total of 121 cases are pending trial against sitting and former MPs and MLAs.The number of MPs involved in those cases are 51 out of which 14 are sitting, 37 are former and 5 are deceased.Similarly, 112 MLAs are involved in the CBI cases out of which 34 are sitting, 78 are former and 9 are deceased.It was further pointed out that the number of cases pending investigation against lawmakers by the CBI are 37.These figures, which are mentioned in the CBI and ED report, were set out in detail in another report filed by Senior Counsel Vijay Hansaria before the top court..The report by Hansaria, a copy of which is with Bar & Bench, was filed pursuant to an order passed by the apex court seeking a status report relating to pendency and grant of sanctions for prosecution, expected time for completion of the investigation and reasons for delay in the same.The order by the top court came in a plea Bharatiya Janata Party (BJP) leader and Advocate Ashwini Kumar Upadhyay seeking speedy trial in cases against MPs and MLAs.The petition has also challenged the constitutional validity of provisions of the Representation of the People’s Act which limits the period of disqualification of a person to contest an election as an MP or MLA only for a period of six years from release on conviction, even for a heinous offence.Hansaria is the Amicus Curiae in the case.The Amicus, in his report, highlighted “glaring case of inordinate delay” in trial of cases against lawmakers. .Noting that many cases were pending for over five years, the Amicus sought directions from the Supreme Court to ensure that courts dealing with case against lawmakers should exclusively try such issues.Further, it was stated that adjournments should only be sought and granted in exceptional circumstances.The Amicus also said that courts should use video conference technology for examination of witnesses.In this regard, the constitution of a monitoring committee was also sought to monitor investigation of cases pending before the ED and CBI..The matter will be taken up for hearing tomorrow.