NEW DELHI: A fresh report submitted to the Supreme Court has raised concerns over the continued pendency of criminal cases against sitting and former Members of Parliament and Legislative Assemblies, despite years of judicial monitoring aimed at ensuring speedy trials.
As per a status report filed in the Supreme Court, 4192 criminal cases are pending against MPs and MLAs, out of which 519 cases have been pending for more than 10 years. 14 out of 28 Chief Ministers of States have declared cases against them, the highest being the Chief Minister of Telangana, Anumula Revanth Reddy.
The report notes that despite continuous monitoring from Courts, the pending cases have remained almost the same since 2018, with the highest number of cases pending under the jurisdiction of the Allahabad High Court. The report has been filed in a 2016 writ petition titled Ashwini Kumar Upadhyay v UOI, seeking expeditious hearing of criminal cases against MPs/MLAs.
The report has been filed by Senior Advocate and amicus curiae Vijay Hansaria with the assistance of Advocate Sneha Kalitha, based on the information received from all High Courts except the Allahabad High Court, which didn’t send any report.
The report details that 1243 cases have been decided against MPs and MLAs in 2025; in the same year, 1050 new cases were registered. Out of the 4192 pending cases, which also include cases against former MPs and MLAs, 754 cases are 5 to 10 years old, whereas 563 cases are 3 to 5 years old. About 1095 cases are less than 3 years old.
Multiple reasons cited for delays
The amicus report identifies several factors contributing to the prolonged trials. These include Special Courts being required to handle regular judicial work in addition to MP/MLA cases, inadequate monitoring by High Courts, non-appearance of accused persons, delays in serving summons on witnesses and frequent adjournments.
The report’s review of High Court proceedings also highlights problems such as unexecuted warrants, witnesses not being produced and delays in investigations and forensic reports.
Exclusive Special Courts proposed Against this backdrop, the amicus has urged the Supreme Court to strengthen the system of designated courts handling cases against legislators. One of the key proposals is that Special Courts designated for MP/MLA cases should exclusively hear such cases until their disposal, rather than simultaneously handling their regular workload.
The report further seeks monthly judicial monitoring by High Courts and proposes that cases should ordinarily be concluded within one year of the framing of charges. Cases pending for more than three years should be conducted on a day-to-day basis, subject to the applicable procedural law.
The amicus has also proposed that non-bailable warrants be issued where an accused fails to appear on two consecutive hearings and that designated prosecution officers be made responsible for ensuring the attendance of witnesses.
