SC: Set up 12 Special Courts to Take Cases against Politicians


December 15, 2017

Ashwini Kumar Upadhyay vs Union of India


Date of Judgement: December 14, 2017 

In this case, taken up the Two-Judge Bench of the Supreme Court yesterday the Court has directed setting up of Special Courts i.e. 12 Fast Track Courts to take up cases presently pending against the elected MPs/MLAs in respect of which jurisdiction will be exercised by one Special Court.

In this case, the Petitioner sought life time ban on convicted politicians from contesting Elections. While passing the aforesaid verdict, the Supreme Court Bench has clarified that the aforesaid set up is a tentative measure and is subject to modification on the further information collected by the Union of India in the case.

The Supreme Court remarked that setting up of Special Courts, a scheme, though, rudimentary at this stage, has been placed before the Court the essence of which is that based on certain calculations and perspectives with regard to the time that would be taken to dispose of the cases presently pending against the elected MPs/MLAs, the Union of India proposes to set up 12 Fast Track Courts combining several State(s) in respect of which jurisdiction will be exercised by one Special Court. The aforesaid Scheme has been planned as a tentative measure and it is stated at in the Affidavit of the Union of India that once the further information is collected the Scheme may be suitably modified.

The Union of Indian in the case also informed that Rs.7.80 crores has been earmarked as the required expenditure for the setting up of 12 Courts and the Department of Expenditure, Ministry of Finance has granted in-principle approval to the said allocation. The Supreme Court has directed the Union of India to proportionately allocate the aforesaid expenditure to the different States in which the Special Courts are planned to be located.

The Supreme Court has also directed the Union of India to ensure that the Fast Track Courts (12 in all) start functioning from March 1, 2018. The matter has been next listed for hearing on March 7, 2018.