PRASHANT MAVANI, IS AN EXPERT IN CURRENT AFFAIRS ANALYSIS AND HOLDS A MSC IN MANAGEMENT FROM UNIVERSITY OF SURREY (U.K.). ABOVE ALL HE IS A PASSIONATE TEACHER.

Justice is backbone of any democracy.

A guilty should be punished and an innocent should not be

punished.

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Principle of Justice

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Supreme Court asked the Centre to set up special courts to try criminal

cases against MPs and MLAs.

A two judge bench gave the Centre 6 weeks to put in place a scheme

to “set up courts on the line of fast track courts”.

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Current Events

Case, time, judges are allocated.

Day to day hearing of case is done.

Chances of adjournment/s is/are reduced if not eliminated entirely.

Countries like UK, USA have their normal courts working in this manner.

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What is a special court?

We are faced with criminalization of politics.

The Second Administrative Reforms Commission (2005) had noted that “opportunity to influence crime investigations and to convert policemen from being potential adversaries to allies is the irresistible magnet drawing criminals to politics.”

At every level we have criminalized politicians may it be Panchayat level, District level or Central level.

For many politicians and other people in society, slow pace of judicial system acts as a shieldand license to crime.

For ending corruption: right person, at right place is must.

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How important?

Political parties are not averse to giving tickets to tainted people.

The only way is to end the long running process.

The longer political functionaries with charges against them stay in

office, the more chance they have to manipulate the system.

Neither good for politicians nor for the public at large.

If politicians are innocent then they should get advantage of it.

If they are guilty then public should not suffer.

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Rationality

Total of 1352 politicians in India are facing criminal cases against them.

According to the Association for Democratic Reform, of the 542 MPsanalyzed in 2014, 152 members i.e. 34% declared criminal charges and 112 i.e. 21% serious criminal cases against them.

10 of these were murder cases.

50 politicians in the country face charges of crime against women.

Upcoming Himachal Pradesh elections: Of the 338 candidates analyzed, 18% face criminal and 9% serious criminal charges.

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Facts and figures

Mind you that all necessary changes are coming from Supreme Court.

End the case in 1 year.

SC realized that if things are not sorted out first, this will not produce results.

Bars a convicted politician from contesting elections for 6 years from the date the sentence ends.

Any MP/MLA found guilty of a criminal offence punishable with 2 years or more in jail immediately loses the membership of the house.

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Existing laws

SC: A matter of national interest.

Allocation of judicial fund is inadequate

Central government should fund the set up.

States can be roped in to contribute their share.

E.g. under GST we do share money between states and center.

Economical benefits: Ease of doing business will improve further.

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Funds?

Ban for life is not a solution.

Easy way to destroy careers of rivals.

What if they are found innocent after few years?

Reformative justice system:

That means adequate punishment has been meted out.

One that debt (jail term and not money) is paid, one is fit and ready to join society.

If they can win the confidence of people then there is nothing wrong with it.

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Life time ban?

Number of case are going to go up because

Rise in literacy rate

Financial condition of people has became strong

Trial courts

Sanctioned posts 21k

Vacancies 5k

Average trial court judge handles 4200 cases.

Quantity is defeating quality

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Judicial Committee report

There are many groups demanding speedy trial and are opposed to special treatment for politicians.

Violation of Article 14: Right to Equality?

Politicians are leaders, they are powerful and their deeds has a larger impact on society.

Equality in our Constitution is not a blind one in nature.

There is a huge difference in a murder case and a theft. Though both of them are crime.

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Violation of rights?

As per a RTI response,

50% of fast track courts are not functioning

As per Department of Justice, more than 6.5 lakh cases are pending in fast track courts in the country.

About 1500 in Delhi alone

Shortage of judges will slowdown the pace of other litigation.

If it was easy to appoint judges, associated staff and infrastructure etc. then we would not have been in such a mess.

Pressure of time may impact quality of judgement

Ruling of Special Court can be challenged in SC which will defeat its whole purpose.

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Experience so far

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Closing remarks

Judiciary Law Experts

Government Society

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