Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: TDS :: form 3cd :: VAT RATES :: list of goods taxed at 4% :: Central Excise rule to resale the machines to a new company :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: due date for vat payment :: cpt :: articles on VAT and GST in India :: ARTICLES ON INPUT TAX CREDIT IN VAT :: empanelment :: ACCOUNTING STANDARDS :: TAX RATES - GOODS TAXABLE @ 4% :: ACCOUNTING STANDARD :: VAT Audit
 
 
« From the Courts »
  Vatsala Shenoy vs. JCIT (Supreme Court)
  Vatsala Shenoy vs. JCIT (Supreme Court)
 M.K.Overseas Pvt. Ltd. Vs. Pr.Commissioner Of Income Tax-06
 Arshia Ahmed Qureshi Vs. Pr. Commissioner Of Income Tax-21
 CHAUDHARY SKIN TRADING COMPANY Vs. PR. COMMISSIONER OF INCOME TAX-21
  Sushila Devi vs. CIT (Delhi High Court)
  Vatsala Shenoy vs. JCIT (Supreme Court)
 Deputy Director Of Income Tax Vs. Virage Logic International
 Commissioner Of Income Tax-3 International Taxation Vs. Virage Logic International India
 Pr. Commissioner Of Income Tax-06 Vs. Moderate Leasing And Capital Services Pvt. Ltd.
 ITO vs. Vikram A. Pradhan (ITAT Mumbai)

SC seeks response on special courts to try MPs & MLAs
November, 05th 2011

In what could supplement the government's proposal to bring in stringent legislative measures to decriminalize politics, the Supreme Court on Friday entertained a PIL filed by former chief election commissioner J M Lyngdoh for creating special courts for exclusive and expeditious trial of criminal cases pending against sitting MPs and MLAs.

A bench of Justices P Sathasivam and J Chelameswar said the PIL raised an important issue and needed to be examined by the apex court. It issued notices to the Centre, the states and the secretariats of Lok Sabha and Rajya Sabha asking them to file their responses in four weeks.

The petitioners said nearly a third of MPs and MLAs had criminal background and yet by dragging and delaying the trial before courts, which were facing heavy pendency, they continued to remain in politics without facing the consequences.

Appearing for the petitioners, senior advocate Rajeev Dhawan said fast-tracking of criminal cases against MPs and MLAs was essential for maintaining purity in politics and governance as the adage "innocent till proven guilty" was illegally taken advantage of and the accused continued to remain in political posts by keeping the court cases dragging for decades.

Under the Representation of People Act, a person is disqualified from contesting elections if he is convicted in a criminal case and sentenced to more than two years imprisonment. But pendency of the criminal case does not hinder a person from contesting an election.

The law ministry is proposing to bring in radical changes in the existing electoral laws to put a ban on contesting of elections by those against whom prosecution has filed chargesheet in serious and heinous offences like murder, acts of terrorism, rape and dacoity among others.

The petitioners, including former top cop J F Ribeiro, said, "We have long witnessed criminals being wooed by political parties and given executive posts, especially in state governments, because their muscle and money power fetches crucial votes. Elections are won or lost on swings of just 1% of the votes, so parties cynically woo every possible vote bank, including those headed by accused robbers and murderers. Legal delays ensure that the accused will die of old age before being convicted, so parties virtuously insist that these persons must be regarded as innocent till proven guilty."

The petitioners also said that it was time to implement the recommendations made by the expert committee headed by former CJI M N Venkatachaliah, which reviewed the working of the Constitution. It had recommended disqualification of persons from contesting elections once he was charged with an offence punishable with imprisonment of five years or more.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Content Management System developers CMS developers Content Management Solutions CMS Solutions CMS India Content Management System India CMS development India Website CMS Website Content Management India Portal CMS India CMS Outsourcing CMS Vendor Complete CMS Custom CMS Services

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions