Expressing concern over the large number of cases registered against elected representatives, MLAs and MPs in particular, the Forum for Good Governance has requested the Chief Justice of Telangana High Court to establish a special court for disposal of cases against MLAs and MPs.
The Chief Justice is requested to issue suitable directions to prosecuting authorities to take interest, to produce relevant and connected records in the court of produce witness relating to the case. In the process, direction should be issued to prosecuting authorities to prefer appeals in important acquitted cases.
In a letter addressed to the Chief Justice, FGG secretary M. Padmanabha Reddy said the Supreme Court had directed the State government to establish special courts and the State government had established a special court. Going by the data ascertained by the Forum from the affidavits filed along with nomination papers pf MLAs and MPs in 2018 and 2019 elections to Assembly and Parliament respectively, a total of 507 cases were registered against MLAs and MPs in the State.
In all, 344 cases were filed against 64 MLAs, 133 cases against 10 MPs and 30 pertained to ex-MLAs and ex-MPs and these cases existing in various courts in districts had to be transferred to special sessions judge for trial. However, only 380 cases had been transferred to the special court so far of which, 338 cases had been disposed of. Of these, 14 resulted in conviction and 324 cases resulted in acquittals.
Out of the 324 cases acquitted so far, no appeal was preferred in the higher court and in cases where imprisonment was awarded, the accused secured stay from the High Court. He cited one such case in which the accused was acquitted. The case pertained to an MLA in the old city for delivering provocative speech in a public meeting. The entire speech was videographed and police seized the cassette and the police registered a case.
After inquiry, the case was referred to the government for permission to prosecute the accused and the government accorded permission to prosecute after a delay of 10 years. It took another four years for the police to file a charge sheet and the additional chief metropolitan magistrate took cognizance for the offence under Section 153-A of IPC and Section 125 of Representation of People’s Act.
Consequent upon the establishment of special court, this matter was transferred to it. The judge delivered the judgment and observed that the “court it of the opinion that the prosecution failed to prove the guilt of the accused and hence, the accused is not found guilty of charges”.
Mr. Padmanabha Reddy said due to slackness on the part of the prosecution, many serious (cases) crimes committed by MLAs and MPs were being acquitted in the court. Though the FGG had submitted representation to the Governor explaining all the facts in July last year, there was no improvement in the situation.
