Suspension of MPs, MLAs facing criminal cases beyond court's ambit: SC
04 Jan 2013
The Supreme Court today declined to hear a plea for disqualification of MPs and MLAs charged with crime against women, even as it agreed to go into issues of fast-track trial of rape cases and implementation of laws for safety of women.
The apex court was hearing two PILs filed by retired woman IAS officer Promilla Shanker and advocate and social activist Omika Dubeyon after the gruesome 16 December gangrape and murder in New Delhi.
The court said it could only give notice to the government on limited issues as some of the prayers in the petitions were beyond its jurisdiction.
A bench comprising justices K S Radhakrishnan and Dipak Misra, said, "The issue of disqualification of MPs and MLAs is not in our jurisdiction," and such a sweeping relief could not be sought in response to a prayer for a direction for suspension of MPs and MLAs who have been charge-sheeted for crime against women.''
The bench suggested that the petitioners should have made a ground that if the investigation into the cases was below standard, it should be treated as "misconduct" on the part of the investigating officer.
The bench also asked the government to appraise it about the terms and references of justice J S Verma committee, which was set up to review and strengthen the existing law on rape and offences against women.
The bench was told that out of 4,835 MPs and MLAs in the country, 1,448 are facing criminal charges, to which the bench observed that without going into the status of a person in life, they should be put on fast track trial.
Apart from seeking suspension of MPs and MLAs charge-sheeted for crime against women, Shanker in her petition, has also sought that cases of rape and crime against women and children be investigated by women police officials and trial be also conducted by lady judges.
She has also said that no effort was being made for effective implementation of existing laws for safety of women.
Dubey in her plea, has sought directions for appointment of additional judges to adjudicate the matters of crime against women and for providing compulsory compensation to rape victims.
