Special Courts For Trying Politicians

Why in news?

The Supreme Court has recently asked the Centre to frame a central scheme for trying criminal cases involving ‘political persons’.

What are the court's directives?

• The Centre should frame a central scheme for setting up of special criminal courts exclusively to deal with criminal cases involving political persons.
• The directive for a common central scheme comes with the Centre's argument that setting up such courts would depend on the availability of funds with the States.
• The court also said that the scheme should provide details of the funds required to set up such courts.
• These courts would function on the lines of the fast track courts.
• The Centre should also submit a report card on the status of around 1500 criminal cases pending against MPs and MLAs at the time of the 2014 elections.
• It is also required to report if the court's earlier order to complete the trial in all these cases within a year’s time had been complied with or not.
• Besides, the SC said that it would directly interact with the State governments on issues regarding such special courts.
• These include appointment of judicial officers, public prosecutors, court staff and other requirements of manpower and infrastructure.

What is the significance?

• Need - Criminality and corruption in politics are long pending issues that deteriorate the public interest characteristic of administration.
• In the present criminal justice system it takes years, probably decades, to complete the trial against a politician.
• By this time, he or she would have served as a minister or legislator several times over.
• Judiciary - The court has earlier made many rulings that make legislators and public officials accountable for corruption.
• In a landmark verdict in 2013, the court removed the statutory protection for convicted legislators from immediate disqualification.
• In 2014, it directed completion of trials involving elected representatives within a year.
• The latest order marks another milestone in the higher judiciary’s continuing campaign to cleanse politics of the stain of crime.

Is the differential treatment justified?

• Special courts could be a time-bound and exclusive judicial mechanism to expedite trials.
• Special courts exist at present to try various classes of offences including corruption, terrorism, sexual offences against children and drug trafficking.
• However, creating special courts for a particular class of people such as politicians violates Right to Equality.
• Giving special treatment for offences under the Indian Penal Code solely because the accused is a politician seems discriminatory.
• Nevertheless, if enough courts, judges, prosecutors and investigators are available, the expediency of special courts may not be needed at all.

Source: The Hindu