Kamal Nath’s plan to fast-track trial of politicians criticized

NEW DELHI: In what is like to further exacerbate the growing disconnect between the civil society and government, political parties have opposed parliamentary affairs minister Kamal Nath's contention that fast track courts be set up for trial of politicians accused of heinous crimes like rape and murder. This was even as RTI activists and other civil rights groups endorsed the idea.

Nath had said that the public should be able to look up to politicians instead of looking down upon them. However, his proposal failed to enthuse his own party. "Cases are against an accused not against a politician or any other category. What's important is the nature of crime. There cannot be a discrimination between people. Such crimes (sexual assault) should be tried fast, irrespective of who is accused," said Congress party spokesman P C Chacko.

The BJP reacted to Nath's prescription by saying that there is no point in creating categories of criminals or criminal cases to be fast tracked. "It is unfortunate that our legal system takes so long. In fact, I am planning to bring a private members bill in the next session whereby one court will have to get over with a single case within one years time," said spokesperson Prakash Javdekar.

Left leaders said there is a need to speed up the justice delivery system. "Justice must be delivered expeditiously in all cases," said CPI leader A B Bardhan.

A politician accused in a criminal offence is a criminal and should be treated like one. Why should there be a distinction between criminals, he said.

According to CPM general secretary Prakash Karat, "We have said that there should be fast track courts to try all rape cases without distinction if the accused is a politician. We will welcome it if the Congress or the UPA government sets up fast track courts for graft cases."

However, Association for Democratic Reforms, which has spearheaded the campaign for making election affidavits public, demanded that not only should courts be set up but also that if found guilty the candidate should be disqualified. ADR's Anil Bairwal said, "The National Commission for Working of Review of Constitution and the Law Commission report have recommended that cases pending against elected representatives should be investigated and brought to a close within six months. If found guilty, the candidate should be disqualified."

He added that political parties should take cognizance but despite growing public opinion against the move, every election saw a number of elected representatives getting tickets. ADR has pointed out that MPs with criminal records had increased from 128 in 2004 to 162 in 2009. Their criminal offences had become more heinous too, including murder, rape and dacoity.

Aam Aadmi Party convener Arvind Kejriwal said, "We had raised the demand for fast-track courts to hear cases against the 162 MPs in July, 2012. In additional political parties should not give tickets to any candidates who have charges of crimes of moral turpitude against them. We in AAP have resolved not give tickets to such people."

RTI activist Nikhil Dey said, "It is an unpopular view but I believe that it is unfair to say that political parties should not give tickets to people who have charges against them. We know that on several occasions the charges are politically motivated and it is a convenient way to exclude people from the political process. However, it is important that fast-track courts be set up and resources prioritized because this is a sensitive issue: either clear the candidate or put the matter to an end."

It is good that politicians are coming round to the view that there should be no criminals in parliament or assemblies.

Dinesh Trivedi has already written to the Prime Minister expressing his disgust at the number of corrupt people who are entering those august places. Now, Kamal Nath has given a very good suggestion that corruption cases against legislators should be fast-tracked.

But as expected, when any idea comes up to remove corruption all MPs and MLAs gang up like dogs in the neighbourhood barking against a newcomer in their area. The Congress, BJP, CPI and CPM have opposed the idea giving the excuse that all cases should be speeded up.

Their is no point in asking for the opinion of NCP, SP, BSP and RJD for we know they will oppose for those are the parties sending the maximum number or corrupt legislators.

They all know that it is better to muddy the water so that no action can be taken They know that the judiciary do not have the resources to speed up all the cases and so status-quo will remain.

They do not know the simple theory of economics that when you have scarce resources, those resources should be prioritized.

Our priority should be to have honest, non-corrupt legislators so that we can have good, corruption free government. So their cases should be taken up on first priority.

By attacking Kamal Nath on this suggestion, they are just making a fool of themselves and the people will see through their subterfuge.

I agree with Nikhil Dey that many cases may be politically motivated to disqualify candidates. It is exactly for this reason that their cases should be fast-tracked so that honest politicians (a misnomer?) are not disqualified.

On the other hand the politicians are known to intentionally delay their cases for years on end so that they are not convicted.By fast-tracking these cases, these politicians will not be able to delay their cases and it will be in their own interest to expedite them, if they want to stand for elections.