JUSTICE FOR = PEOPLE VS CRIMINAL POLITICIANS = A FAIR ALTERNATIVE SYSTEM SUGGESTED

JUSTICE VS

CRIMINAL POLITICIANS

In Parliament & Legislatures

= A VIABLE ALTERNATIVE =

Today about one third of our MPs and MLAs are said to be facing criminal cases against them. Some of the cases against these Politicians are of very serious nature. But, the problem with Indian legal system is – that it takes ages to get approvals for prosecuting them; ages to actually do the investigation, ages to file the cases before courts of law and produces all the evidences before the Judges and get the criminal politicians convicted.

For instance, Lalu Prasad Yadav, after 17 years, has now been pronounced guilty. Had he been the Chief Minister of the place where the crime was in fact committed, it would have been impossible to secure this conviction. Even so, his influence on the Ruling UPA at the centre is so much that the whole cabinet and the PM also tried to save him by passing the now infamous ordnance. It was obvious to the whole country that the ordnance was, in essence, intended to save Lalu Prasad Yadav.

If, in fact, the conviction by the court does not disable his membership of Parliament, he would go on appealing and there are any number of courts and legal processes that would enable him remain in power for all of his life time. Ditto for any other Politician.

Look at the case of Dayanidhi Maran. The CBI could not even secure the approval of DOT to prosecute him. It is only now, after several years that it is able to file an FIR. How long will it take to complete the investigation and Judicial processes in India against someone Like Maran – GOK!!

In this system, if, even after conviction in a competent court, merely because, bail process is allowed, if a criminal is allowed to continue as MP / MLA , it is a mockery of the whole Legislative, Administrative  and Judicial  system in India.

So, what should be done, for removing even that iota of doubt in the Judicial system – and securing Justice to both the Legislatures / People of India and also to the accused?

I suggest the following alternative.

(1)       Only the CBI must handle all investigations against all MPs / MLAs / Ex MPs / Ex-MLAs. These shall not be handled by local Police, who can easily be influenced by the MPs / MLAs.

(2)       No permissions shall be required for investigating the cases. These shall be monitored by the High Courts of the state.

(3)       Like in the case of Gang Rape cases, let there be FAST TRACK COURTS to try MPs / MLAs and Ex MPs / Ex MLAs.

(4)       These courts shall have 3 Judges, instead of a single Magistrate. There shall be no appeal against the Judgment of this court, which shall be treated on par with High courts. When 3 senior Judges sit in Judgment, where is the need for any error or appeal?

(5)       The only appeal, shall be to the Supreme court, that too, not on matters of Fact, but, on matters of quantum of punishment only.

(6)       The convicted Politicians shall be debarred from all future elections if conviction is more than 2 years. There shall be no future pardon, on grounds such as special occasions, good conduct etc.

(7)       I do hope, that Parliament will come up with such a saner alternative than allowing criminal Politicians to make laws to save themselves and fool the nation all their life, by subverting the legislative processes and judicial processes. Let there be no more Ordnances and Laws which allow criminals to enter the portals of our Parliament and legislatures. Let Parliament not demean its own stature with such Laws.

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