Bar & Bench ( IN THE SUPREME COURT OF INDIA. Writ Petition (Civil) No f 2016

0 IN THE SUPREME COURT OF INDIA Writ Petition (Civil) No. 699 0f 2016 Ashwani Kumar Upadhyaya vs. Union of India and others INDEX Sl.No. Particulars Page 1 Second Report by Amicus Curiae, Mr. Vijay Hansaria, Senior Advocate. 2 Annexure 1 State-wise list of cases against MPs/ MLAs, both sitting and former. 3 Annexure 2 State-wise list of cases of pending framing of charge, pending trial and stayed by higher courts. 4 Annexure 3 District-wise list of cases, alongwith break up of Sessions trial cases and Magistrate trial cases. 5 Annexure 4 State-wise note on cases where inordinate delay has occurred. 1-5 6 7 8 9-23 Submitted by VIJAY HANSARIA Senior Advocate, Amicus Curiae Dated: 03.12.2018

1 IN THE SUPREME COURT OF INDIA Writ Petition (Civil) No. 699 0f 2016 Ashwani Kumar Upadhyaya vs. Union of India and others Submissions by Vijay Hansaria, Senior Advocate, Amicus Curiae pursuant to the order of this Hon'ble court dated 01.11.2018 1. That pursuant to order of this Hon'ble Court dated 01.11.2018 all the High Courts have furnished details of cases pending against MPs/ MLAs in the prescribed form. An analysis of the details furnished by the High Courts shows the following: a. There are 4122 number of cases pending against MPs/ MLAs including former MPs/ MLAs. Some of these cases are pending for more than three decades. 2324 number of cases are against sitting legislators (both MP/ MLA) and 1675 number of cases are against former legislators. State-wise list of cases against legislators is annexed herewith as Annexure 1. b. Out of the aforesaid 4122 number of cases, in 1991 number of cases even charges have not been framed. Many cases are pending due to stay (264 such cases) granted by the higher courts. State-wise list of cases pending framing of charge, pending trial and stayed by higher courts is annexed herewith as Annexure 2. c. These cases are pending in 440 districts out of total 724 districts in the country. 505 number of cases are pending in Sessions court and 1928 number of cases pending in Magistrate courts, 33 in Special courts under statutes and 1650 cases have been transferred to Special courts for MPs/ MLAs under directions of this Hon'ble Court in the present case. District - wise list of cases, alongwith break up of Sessions trial and Magistrate trial cases is annexed herewith as Annexure 3. d. In some States cases against MPs/ MLAs have been transferred to Special courts for MPs/ MLAs constituted under the orders of this Hon ble court. In the State of U.P. all the 992 cases and in the State of Madhya Pradesh all 168 cases have been transferred to the Special court headed by Additional Sessions Judge rank officer in Allahabad and Bhopal respectively, which include cases triable by Sessions courts, Magistrate courts. In the State of

2 Andhra Pradesh, 38 out of total 109 cases, in State of Telengana 66 out of total 99 cases, have been transferred to the Special courts so constituted manned by Sessions judge rank officer. In State of Maharashtra 31 cases of Bombay have been transferred to the Special courts so constituted manned by Magistrate rank officer. In Delhi 38 cases have been transferred to ADJ rank and 86 cases to Special judge at Magisterial level. Details of these has also been included in Annexure 3. 2. It may be noted that in many cases, both MPs and MLAs (sitting/ former) are accused persons in the same case. So also, number of cases mentioned against MPs/ MLAs does not necessarily indicate that the same number of MPs/ MLAs are involved, as many cases are against same legislator. Cases also include private complaints have been filed for defamation under Section 500 IPC, for cheating under Section 420 IPC and under Section 138 of the Negotiable Instruments Act, 1881. It is submitted the figures given above and in the Charts annexed may have some calculation errors since there are variation in the format used by the different High Court and the manner in which they are filled. However, the figures depict broad picture of the existing situation. 3. Some of the glaring cases of delay in each State is submitted by separate note annexed as Annexure 4. Pendency of cases against the legislators present a gloomy picture in almost all the States, inasmuch as, many cases are for offences punishable with imprisonment for life are pending for decades. In large number of cases even charges have not been framed. 4. That this Hon'ble court in the judgment and order dated 10.03.2014 in the case of Public Interest Foundation vs. Union of India 2015 (11) SCC 433 directed that criminal cases against the elected representatives shall be concluded as speedily and expeditiously as may be possible and in no case later than one year from the date of the framing of charge(s). Trial shall be conducted on a day-to-day basis. If for some extraordinary circumstances the court concerned is not being able to conclude the trial within one year from the date of framing of charge(s), such court would submit the report to the Chief Justice of the respective High Court indicating special reasons for not adhering to the above time-limit and delay in conclusion of the trial. In such situation, the Chief Justice may issue appropriate directions to the court concerned extending the time for conclusion of the trial. 5. That this Hon'ble court in the present case has directed the High Courts and States/ Union Territories to furnish details with regard to the disposal of cases against MPs and MLAs within 1 year as per direction dated 10.03.2014 and

3 beyond 1 year. Further direction was given with regard to pendency of cases in each of the States/ UTs with details thereof. Pursuant to the aforesaid directions, the High Courts and the States/ UTs had filed affidavits/ reports. The said report shows that hardly any case was disposed of within one year and no follow up action was taken by any of the High Court to comply with directions of this Hon ble court dated 10.03.2014. 6. That pursuant to the direction of this Hon ble Court, 12 Special courts for trial of cases against MPs/ MLAs have been constituted - 9 for sessions trial cases in the States/ UTs of Andhra Pradesh, Bihar, Karnataka, Madhya Pradesh, Tamil Nadu, Telangana, Uttar Pradesh, West Bengal and Delhi and 3 for magistrate cases have been constituted in State/ UT of Maharashtra, Kerala and Delhi. It is submitted that constitution of the Special courts have not been uniformly done based on number of cases as has been explained in the submission filed on 23.10.2018. 7. It is further submitted that as per Cr.P.C., certain category of cases are triable by Magistrate and certain cases by Court of Sessions and cases have to be tried by the court of competent jurisdiction, that is to say, a case triable by Magistrate cannot be tried by Court of Sessions and vice versa. However, it is found that in many cases, cases triable by Magistrates to have transferred to Special Courts of Sessions and cases triable by Sessions have transferred to the Special court of Magistrate. SUBMISSION A. Nomination of Sessions Court for sessions trial cases and Magistrate Court for magisterial trial cases in the respective districts exclusively for trial of cases for MPs and MLAs 8. That having regard to the facts and circumstances mentioned above it is submitted that the High Courts may be directed to assign criminal cases pending against MPs and MLAs to a designated Sessions court and a designated Magistrate court in each district/ sub-division which will try only these cases till such time cases against MPs/ MLAs are disposed of. Special Courts, so constituted, will deal with all cases including complaint cases against MPs/ MLAs and Ex MPs/ MLAs, irrespective of the fact as to whether the same was committed when the concerned MP/ MLA was holding the said office. Transfer of all such cases to one or two courts in each State will result in delay instead of expediting the same, particularly if there are large number of witnesses from far

4 away places and the accused persons have to be transferred to the said courts on the dates of hearing, apart from other administrative difficulties. B. Other procedural issues 9. On other procedural issues, the following submissions are made: a. Special Courts will fix a calendar for each case and will try the cases on day to day basis without grant of adjournment except in rare and exceptional circumstances and for reasons to be recorded. b. Special Courts will give priority to the trial of cases in the following order: i. Offences punishable with imprisonment for life/ death against sitting MPs and MLAs. ii. Serious offences punishable with imprisonment of 5 years or more against sitting MPs and MLAs. iii. Other offences against sitting MPs and MLAs iv. Offences punishable with imprisonment for life/ death against former MPs and MLAs. v. Serious offences punishable with imprisonment of 5 years or more against former MPs and MLAs. vi. Other offences against former MPs and MLAs c. Each of the Special Court will sent a monthly status report to the High Court and the High Court on examination of the same will issue necessary administrative directions as and when required. d. Special Courts will follow the mandate of Section 294 Cr.P.C. in all cases, that is, regarding proof of certain documents. e. Special Courts will follow the mandate of Section 296 Cr.P.C. in letter and spirit, that is, evidence of formal character on affidavit. f. Forensic laboratories will give priority in furnishing the report in respect of cases being tried by the Special courts, and will submit all pending reports within one month. g. State Government/ UTs will appoint/ designate at least two Special Public Prosecutors for prosecuting cases in the Special Courts in consultation with District and Sessions Judge in the concerned District. C. High Court to expedite pending cases 10. In many cases it appears that trial has been held up due to interim orders passed by the High Court. It is thus submitted that High Courts may be requested to take up all the cases where the trial against MPs/ MLAs are held up

5 due to interim orders passed by it, preferably within 3 months from date of order of this Hon'ble Court. D. Furnishing information on progress made 11. It is submitted that the High Courts may be directed to furnish updated information as to the progress made in the same format referred as Annexure 6 in the order dated 01.11.2018 with an additional column as to the progress made. The same may be sent by all the High Courts after four months to this Hon'ble court and also to the Amicus both in hard copy and in soft copy by email in Excel sheet at amicus.vijayhansaria@gmail.com. Submitted by Dated: 03.12.2018 VIJAY HANSARIA Senior Advocate, Amicus Curiae

6 SI.No. State/UT cases against MP Sitting cases against MLA Sitting cases against MP Former Annexure 1 cases against MLA Former Total cases 1 2 3 4 5 6 1 Andhra Pradesh 76 33 109 2 Arunachal Pradesh 0 2 1 3 6 3 Assam 10 15 0 13 38 4 Bihar 146 158 304 5 Chhattisgarh not available not available 24 6 Goa 11 4 15 7 Gujarat 81 38 119 8 Haryana 3 9 0 27 35 9 Himachal Pradesh 4 22 2 7 34 10 Jammu & Kashmir 1 0 0 11 12 11 Jharkhand 5 83 9 70 160 12 Karnataka 4 95 2 60 161 13 Kerala 57 256 1 9 312 14 Madhya Pradesh 86 80 168 15 Maharashtra 290 38 303 16 Manipur 0 8 0 0 12 17 Meghalaya 0 0 0 3 3 18 Mizoram 0 1 0 3 4 19 Nagaland 0 1 0 0 1 20 Orissa 220 111 331 21 Punjab 3 22 0 9 34 22 Rajasthan 22 24 46 23 Sikkim 0 0 0 0 0 24 Tamil Nadu 15 112 47 129 321 25 Telangana 74 25 99 26 Tripura 0 15 0 1 16 27 Uttar Pradesh 51 257 55 627 992 28 Uttarakhand 2 33 1 8 34 29 West Bengal 213 49 269 UT 1 Delhi not available not available 124 UT 4 Dadra and Nagar Haveli 2 0 2 UT 5 Daman and Diu 0 0 0 0 0 UT 7 Puducherry 0 17 0 17 34 TOTAL 2324 1675 4122

7 SI.No. State/UT cases Pending charge cases Pending trial Annexure 2 Total cases cases under Stay 1 2 3 4 5 1 Andhra Pradesh 72 37 109 14 2 Arunachal Pradesh 4 2 6 1 3 Assam 23 15 38 4 4 Bihar 107 197 304 3 5 Chhattisgarh NA 24 24 NA 6 Goa 12 3 15 2 7 Gujarat 57 62 119 8 8 Haryana 29 6 35 4 9 Himachal Pradesh 29 5 34 5 10 Jammu & Kashmir 9 3 12 1 11 Jharkhand 59 101 160 4 12 Karnataka 118 43 161 40 13 Kerala 131 181 312 5 14 Madhya Pradesh 103 65 168 3 15 Maharashtra 203 100 303 5 16 Manipur 11 1 12 0 17 Meghalaya 1 2 3 0 18 Mizoram 0 4 4 0 19 Nagaland 0 1 1 0 20 Orissa 104 227 331 14 21 Punjab 8 26 34 8 22 Rajasthan 22 24 46 1 23 Sikkim 0 0 0 0 24 Tamil Nadu 188 133 321 105 25 Telangana 66 33 99 9 26 Tripura 8 8 16 0 27 Uttar Pradesh 395 597 992 14 28 Uttarakhand 23 11 34 5 29 West Bengal 178 91 269 6 UT 1 Delhi NA NA 124 2 UT 4 Dadra and Nagar 1 1 2 0 Haveli UT 5 Daman and Diu 0 0 0 0 UT 7 Puducherry 30 4 34 1 TOTAL 1991 2007 4122 264

8 Annexure 3 SI.N o. State/UT Total District s Districts - cases pending Sessions trial cases Magis terial trial cases Special Courts Special court for MP/ MLA 1 2 3 4 5 6 7 8 Total cases 1 Andhra Pradesh 13 11 0 71 0 38 109 2 Arunachal 21 4 2 4 0 0 6 Pradesh 3 Assam 33 15 13 25 0 0 38 4 Bihar 38 38 49 255 4 0 304 5 Chhattisgarh 27 8 2 14 0 0 24 6 Goa 2 2 8 7 0 0 15 7 Gujarat 33 24 13 106 0 0 119 8 Haryana 21 8 3 31 1 0 35 9 Himachal 11 9 5 27 2 0 34 Pradesh 10 Jammu & 22 2 1 11 0 0 12 Kashmir 11 Jharkhand 24 23 21 139 2 0 160 12 Karnataka 30 18 80 81 0 0 161 13 Kerala 14 9 10 299 3 0 312 14 Madhya Pradesh 52 32 0 0 0 168 168 15 Maharashtra 36 30 83 189 0 31 303 16 Manipur 16 5 0 6 2 0 12 17 Meghalaya 11 2 2 0 1 0 3 18 Mizoram 8 2 0 1 3 0 4 19 Nagaland 11 1 0 0 1 0 1 20 Orissa 30 24 22 296 13 0 331 21 Punjab 21 13 7 27 0 0 34 22 Rajasthan 33 20 4 42 0 0 46 23 Sikkim 4 0 0 0 0 0 0 24 Tamil Nadu 32 31 170 151 0 0 321 25 Telangana 31 7 0 33 66 99 26 Tripura 13 6 2 14 0 0 16 27 Uttar Pradesh 75 67 0 0 0 992 992 28 Uttarakhand 23 8 4 30 0 0 34 29 West Bengal 31 18 3 35 0 231 269 UT 1 Delhi 1 1 0 0 0 124 124 UT 4 Dadra and Nagar 1 1 1 0 1 0 2 Haveli UT 5 Daman and Diu 2 0 0 0 0 0 0 UT 7 Puducherry 4 1 0 34 0 0 34 TOTAL 724 440 505 1928 33 1650 4122

9 Annexure 4 State-wise details of cases with glaring delay State of Uttar Pradesh: a. All 992 cases have been transferred to the Special Court for MPs/ MLAs at Allahabad, both triable by Sessions as well as Magistrate. b. In most of the cases details regarding date of framing charge have been left blank. In the chart blank has been treated as charge having not been framed, which are 395 cases out of 992 cases. c. The column regarding stay of proceedings by higher court is not incorporated in the chart in most of the districts. As per statement furnished there are 14 cases of stay by the High Court. d. 22 FIRs are registered against Shri Ateeq Ahmed, former MP, between 2002 and 2016, out of which 10 are for offences punishable with imprisonment for life/ death sentence are pending at various stages. e. 12 FIRs are registered against Shri Pawan Kumar Pandey, former MLA, between 1989 and 2017, out of which 3 are for offences punishable with imprisonment for life/ death sentence are pending at various stages. f. 6 FIRs are registered against Shri Khalid Azeem, former MLA, between 2003 and 2011, out of which 5 are for offences punishable with imprisonment for life/ death sentence are pending at various stages. g. 6 FIRs are registered against Shri Upendra Tiwari, sitting MLA, between 1996 and 2011, out of which 3 are for offences punishable with imprisonment for life/ death sentence are pending at various stages. h. FIR No. 113 dated 17.03.1998 against Shri Chote Lal Gangwar, former MLA was registered, in which chargesheet was filed on 14.12.1999 and the present status is not known. State of Bihar: a. There are total 23 cases pending which are punishable with imprisonment for life registered between 1991 and 2018. b. FIR No. 784 dated 27.05.1991 was registered against Shri Shamim Akhtar, sitting legislator, for offence punishable with imprisonment upto life, wherein, chargesheet was filed on 06.12.1994, and charges have not yet been framed. (mentioned at Sl. 25 of High Court report). c. FIR No. 174 dated 13.03.1993 was registered against Shri Anant Singh, sitting legislator, for offence punishable with imprisonment upto life, wherein, chargesheet was filed on 14.03.1994, and charges have not yet been framed. (mentioned at Sl. 48 of High Court report).

10 d. FIR No. 272 dated 22.11.2005 was registered against Shri Randhir Kumar Soni, sitting legislator, for offence punishable with imprisonment for life, wherein, chargesheet was filed on 31.03.2008, and charges have not yet been framed. (mentioned at Sl. 97 of High Court report). e. FIR No. 173 dated 17.05.1996 was registered against Shri Sarfaraz Alam, sitting legislator, for offence punishable with imprisonment for life, wherein, chargesheet was filed on 11.12.1999, and charges have not yet been framed. (mentioned at Sl. 142 of High Court report). State of Gujrat: a. 6 criminal cases are pending against Shri Kandhalbhai Sarmanbhai Jadeja, sitting MLA, out of which 3 offences registered in the years between 1994 and 1998 under TADA and/ or Arms Act punishable with imprisonment for life or 10 years. In all these 3 cases charges have not been framed and matter is under stay either before this Hon'ble Court/ High Court. (mentioned at Sl.No. 79 to 81 of the report by High Court). In 3 other cases also charges have not been framed which are offences punishable for imprisonment for 3/ 7 years. (mentioned at Sl.No. 82 to 84 of the report by High Court). b. FIR No. 207 dated 1998 was registered against Shri Shashikant bhai Mohabat Ram Pandya, sitting MLA for offences, punishable with imprisonment upto life. Charge was framed in 2014 and case is at the stage of recording prosecution evidence. (mentioned at Sl.11 of report of the High Court). c. FIR No. 29 dated 01.03.2002 was registered against Shri Bhaveshbhai Babubhai Katara for offence, inter alia, under Section 302. Charge was framed in 12.07.2007 and case is at the stage of recording prosecution evidence. (mentioned at Sl.35 of report of the High Court). d. FIR No. 179 dated 17.12.2009 was registered against Shri Harshad Madhavjibhai Ribadiya, sitting MLA for offences punishable with imprisonment upto life. Charge was framed on 12.04.2016 and case is at the stage of recording evidence of complainant and examination of 115 witnesses. (mentioned at Sl.59 of report of the High Court). e. FIR No. 196 dated 2008 was registered against Shri Chandubhai Bachubhai Vaghasiya, former MLA for offences punishable with imprisonment upto life. Charges have not yet been framed. (mentioned at Sl.85 of report of the High Court). f. FIR No. 1 dated 10.05.2006 was registered against Shri Ashvinbhai Laxmanbhai Kotwal for offences punishable with imprisonment upto life. Charges was framed on 19.11.2010 and the case is at the stage of

11 recording of prosecution evidence. (mentioned at Sl.99 of report of the High Court). State of Karnataka: a. There are total 58 cases pending against MLAs punishable with imprisonment for life most of whom are on the basis of SIT constituted by the Lokayukta. Out of these 58 cases, 34 cases are against 9 sitting MLAs and 24 cases are against 6 former MLAs. Most of these cases registered in the year 2015 and the final report is awaited. b. 18 cases are registered against Mr. B.S. Yediyurappa, sitting MLA, out of which 14 are punishable with life imprisonment (mentioned at SL.No. 104 to 111, 127, 128, 130 to 133 of the High Court report) and 4 cases are punishable with imprisonment with 10 years (mentioned at SL.No. 11, 12, 121 and 122 of the High Court report). All these cases are awaiting final report and pending investigation. c. 9 cases are registered against Mr. G. Jannardan Reddy, former MLC, 8 of which are punishable with life imprisonment (mentioned at Sl.No. 9, 32, 112, 113, 115, 116, 117, 119 of the High Court report) and 1 case is punishable with imprisonment with 7 years (mentioned at Sl.No. 45 of the High Court report). Out of 8 life sentence, 6 cases are awaiting final report and pending investigation. d. 8 cases are registered against Mr. S.K. Sali, former MLA, all of which are punishable with life imprisonment (mentioned at Sl.No. 1 to 7 and 40 of the High Court report). These cases were registered in the year 2012 and 2014 and are stayed by the High Court. e. FIR registered with SIT Lokayukta dated 16.05.2017 against Shri H.D. Kumraswamy for offence punishable with life imprisonment is awaiting final report and pending investigation. (mentioned at Sl.No. 118 of the High Court report) f. 5 cases are registered against Mr. B. Nagendra, sitting MLA, all of which are punishable with life imprisonment. These cases were registered in the year 2014 and 2015 and are stayed by the High Court. (mentioned at Sl.No. 35 to 38 and 79 of the High Court report). g. 14 cases are registered against Mr. C.P. Yogeshwar, former MLA, 5 of which are punishable with life imprisonment (mentioned at Sl.No. 30, 68, 70, 72 and 74 of the High Court report). h. 9 cases are registered against Mr. B.P. Anand Kumar, sitting MLA, 7 of which are punishable with life imprisonment (mentioned at Sl.No. 34, 39, 41 to 44 and 48 of the High Court report). These cases were registered in the year 2014 and 2015 and 8 are stayed by the High Court.

12 State of Madhya Pradesh: a. It appears that all 168 cases have been transferred to the Special Court for MPs/ MLAs at Bhopal, both triable by Sessions as well as Magistrate. b. There are total 36 cases pending which are punishable with imprisonment for life registered between 1998 and 2018. c. 10 FIRs are registered against Shri Laxmikant Sharma, former legislator, of which 9 punishable with imprisonment for life. (mentioned at Sl.No. 59 to 67, 155 of the High Court report). d. 10 FIRs are registered against Shri Rameshwar Patel, former legislator, for offences punishable under Prevention of Corruption Act, registered in the year 2006. (mentioned at Sl.No. 34 to 43 of the High Court report). e. 33 cases are registered against Shri Surendra Kumar Patwa, sitting legislator, all of which are under Negotiable Instrument Act. (mentioned at Sl.No. 74, 92 to 95, 98, 99, 101, 102, 110, 112 to 122, 124 to 133 and 146 of the High Court report). f. 3 FIRs are registered against Shri Digvijay Singh, sitting legislator, all of which are punishable with imprisonment for life. (mentioned at Sl.No. 12, 45 and 166 of the High Court report). g. 3 FIRs are registered against Shri Kamal Patel, former legislator, all of which are punishable with imprisonment for life. (mentioned at Sl.No. 5, 6 and 70 of the High Court report). State of Maharashtra: a. 31 Magisterial trial cases have been transferred to Chief Metropolitan Magistrate, Mumbai, who has been designated as Special Court for cases of MPs/ MLAs in terms of the orders of this Hon'ble Court in which 23 sitting legislators are involved. Out of these 31 cases charges have not been framed in 21 cases. b. There are 23 cases punishable with imprisonment for life against 20 sitting legislators. c. Out of 303 pending cases, in 203 cases charges have not been framed. d. 3 cases were registered against Shri Sandipan Asaram Bhumre, sitting legislator, for offence punishable for imprisonment upto 7/ 5 years and are pending trial for almost 20 years in one case and more than 10 years in 2 other cases. (mentioned at Sl. 1, 2 and 3 under Aurangabad District). Details are as under: i. FIR No. 89 dated 03.07.1999 for offence punishable for imprisonment upto 7 years, chargesheet was filed on 18.10.2012

13 and charge has been framed only on 07.03.2015, and the case is pending for prosecution evidence. ii. FIR No. 192 dated 02.05.2007 for offence punishable for imprisonment upto 7 years, chargesheet was filed on 15.02.2012 and charge has been framed only on 02.09.2016, and the case is pending for prosecution evidence. iii. FIR No. 38 dated 09.07.2006 for offence punishable for imprisonment upto 5 years, chargesheet was filed on 08.01.2006 and charge has been framed only on 26.09.2018, and the case is pending for prosecution evidence. e. FIR No. 61 dated 04.06.2009 was registered against Shri Anil Umrao Gote, sitting MLA, for offence punishable for imprisonment upto 10 years, chargesheet was filed on 08.03.2013 and charge has been framed only on 14.08.2017, and the case is pending for prosecution evidence. (mentioned at Sl. 1 under Dhule District). f. FIR No. 95 dated 16.07.2005 was registered against Shri Kishor Dhansing Patil, sitting legislator, for offence punishable for imprisonment upto 7 years, chargesheet was filed on 24.07.2006 and charge has been framed only on 02.11.2010, and the case is pending for prosecution evidence. (mentioned at Sl. 3 under Jalgaon District). g. FIR No. 143 dated 29.12.2006 was registered against Shri Sambhaji Diliprao Patil, sitting MLA, for offence punishable for imprisonment upto 10 years, wherein, chargesheet was filed on 22.06.2007 and charge has been framed only on 17.06.2016, and the case is pending for trial. (mentioned at Sl. 2 under Latur District). h. FIR No. 101 dated 29.04.2002 was registered against Shri Sunil Kedar, former legislator, for offence punishable for imprisonment upto 7 years, chargesheet was filed on 09.05.2012, and charges have not yet been framed. The case has been stayed by the Hon'ble High Court. (mentioned at Sl. 15 under Nagpur District). State of Odisha: a. 33 criminal cases are pending against Shri Ramesh Chandra Jena, former MLA out of which 5 offences were registered under Section 302 IPC punishable with death sentence or imprisonment for life. Other 28 cases registered against him relate to offences punishable with imprisonment for 5/ 10 years. (mentioned at Sl.No. 111 to 122, 129 to 145, 124 to 127 of the report by High Court); details of some of them are as under:

14 i. FIR No. 1 dated 01.01.2010 for offence, inter alia, under Section 302 IPC. Charges have been framed only on 17.03.2018, and at present the case is listed for examination of 69 witnesses. (mentioned at Sl.111 of report of the High Court). ii. FIR No. 47 dated 09.03.2012 for offence, inter alia, under Section 302 IPC. Charges have been framed only on 21.11.2016, and at present the case is listed for examination of 41 witnesses. (mentioned at Sl.112 of report of the High Court). iii. FIR No. 29 dated 12.03.2016 for offence, inter alia, under Section 302 IPC. Charges have been framed only on 17.05.2018, and at present the case is listed for examination of 17 witnesses. (mentioned at Sl.115 of report of the High Court). iv. FIR No. 172 dated 08.09.2016 for offence, inter alia, under Section 302 IPC. Charges have been framed only on 21.02.2018, and at present the case is listed for examination of 14 witnesses. (mentioned at Sl.116 of report of the High Court). b. 27 criminal cases are pending against Shri George Tirkey, sitting MLA, including cases punishable with imprisonment for 10/ 7 years. (mentioned at Sl.No. 301 to 323 and 326 to 330 of the report by High Court). c. 23 criminal cases are pending against Shri Braja Kishore Pradhan, sitting legislator, including cases punishable with imprisonment for 10/ 7 years. (mentioned at Sl.No. 1 to 23 of the report by High Court). d. 20 criminal cases are pending against Shri Yudhishtira Kedar Samantray, former MLA, including cases punishable with death sentence and imprisonment for life. (mentioned at Sl.No. 254 to 273 of the report by High Court). e. 12 criminal cases are pending against Shri Tara Prasad Bahinipati, sitting MLA, including cases punishable with imprisonment for life. (mentioned at Sl.No. 198 to 209 of the report by High Court). f. FIR No. Nil dated 1993 was registered against Shri A. Patra, sitting legislator, for offences punishable upto 3 years imprisonment, which has been stayed since 06.12.2001 by the Hon ble High Court. (mentioned at Sl.32 of report of the High Court). g. FIR No. 5 dated 03.01.2011 was registered against Shri Pradip Purohit, sitting legislator, for offences punishable upto life imprisonment/ 10 years imprisonment. However, charge has not yet been framed, and the case at present is listed for appearance for accused. (mentioned at Sl.59 of report of the High Court). h. FIR No. 79 dated 12.05.1995 was registered against Shri Yudhishtira Kedar Samantray, former MLA, for offence, inter alia, under Section 302

15 IPC. Charges have been framed only on 30.03.2009, and at present the case is listed for examination of 13 witnesses. (mentioned at Sl.256 of report of the High Court). State of Tamil Nadu: a. 321 cases are pending out of which only 71 are pending trial and in 188 cases even charges have not been framed. b. Out of these 321 cases proceedings in 105 cases have been stayed by higher courts and mostly by the High Court and in 6 cases by this Hon'ble Court. c. FIR No. 434 dated 02.011.2014 was registered against Shri Anantharaman, sitting MLA of Manavely constituency, Puducherry, for offences of murder with bomb blast punishable with death sentence or imprisonment for life. However, charge was framed only on 23.08.2018, i.e., after 4 years of incident and is pending trial. (mentioned at Sl.44 of report of the High Court). d. FIR No. 143 dated 05.07.2012 was registered against Shri Ramachandran, former MLA for offences of murder and under Arms Act and Explosives Substance Act punishable with imprisonment for life. However, charge was framed only on 31.10.2017, i.e., after more than 5 years of incident and is pending trial. (mentioned at Sl.89 of report of the High Court). e. FIR No. 216 dated 27.05.2009 was registered against Shanthi Ramu, sitting MLA from Coonoor constituency for various offences under IPC punishable with imprisonment upto 10 years. Non bailable warrants are pending since the beginning, and charges have not been framed. (mentioned at Sl.220 of report of the High Court). f. FIR No. 187 dated 22.05.2011 was registered against Shri Anantharaman, sitting MLA of Manavely constituency, Puducherry, for offences of murder with bomb blast punishable with death sentence or imprisonment for life. However, charge was framed only on 23.08.2018, i.e., after 4 years of incident and is pending trial. (mentioned at Sl.44 of report of the High Court). State of West Bengal: a. Out of total 269 cases, 231 cases have been transferred to the Special Court, for MPs/ MLAs, 24 North Pargana both triable by Sessions as well as Magistrate. b. There are 15 cases (approx.) pending which are punishable with imprisonment for life registered between 2007 and 2012.

16 c. FIR No. 222 dated 03.11.2008 was registered against Shri Arjun Halder, MLA, for offence punishable with imprisonment upto life, wherein, chargesheet was filed on 09.02.2009, and charges have not yet been framed. (mentioned at Sl. 13.8 under Malda district of High Court report). d. RC No. 5 dated 04.06.2014 was registered against Shri Kunal Ghosh, former legislator, for offence punishable with death sentence/ imprisonment upto life, wherein, chargesheet was filed on 30.12.2016, and charges have not yet been framed, and the case is pending at the stage of appearance of the accused. (mentioned at Sl. 82 under transferred cases chart of High Court report). e. FIR No. 17 dated 15.02.2010 was registered against Shri Gadadhar Hazra, former legislator, for offence punishable with imprisonment upto life, wherein, chargesheet was filed on 06.08.2014, and charges have not yet been framed, and the case is pending at the stage of appearance of the accused. (mentioned at Sl. 88 under transferred cases chart of High Court report). f. FIR No. 36 dated 2011 was registered against Shri Sushanta Ghosh, former legislator, for offence punishable with death sentence/ imprisonment upto life, wherein, chargesheet was filed on 23.09.2011, and charges have not yet been framed, and the case is pending at the stage of appearance of the accused. (mentioned at Sl. 120 under transferred cases chart of High Court report). State of Jharkhand: a. There are total 7 cases pending which are punishable with imprisonment for life.. b. FIR No. 19 dated 13.05.2016 was registered against Shri Jagannath Mahto, sitting MLA, for offence punishable for imprisonment upto life, wherein, chargesheet was filed on 01.06.2016, and charges have not yet been framed. (mentioned at Sl. 31 under Bokaro district of High Court report). c. FIR No. 167 dated 14.08.2015 was registered against Shrimati Nirmala Devi, sitting MLA, for offence punishable for imprisonment upto life, wherein, chargesheet was filed on 18.02.2016, and charges have been framed on 19.04.2018, and the case is pending for evidence. (mentioned at Sl. 65 under Hazaribagh district of High Court report). d. FIR No. 228 dated 02.10.2016 was registered against Shrimati Nirmala Devi, sitting MLA, for offence punishable for imprisonment upto life, wherein, chargesheet was filed on 03.12.2016, and charges have been

17 framed on 19.04.2018, and the case is pending for evidence. (mentioned at Sl. 66 under Hazaribagh district of High Court report). e. FIR No. 62 dated 20.09.1993 was registered against Shri Champal Soren, sitting MLA, for offence punishable for imprisonment upto 10 years, wherein, chargesheet was filed only on 09.02.2018, and charges have not yet been framed, and the case is still pending for appearance. (mentioned at Sl. 2 under Seraikella district of High Court report). f. FIR No. 368 dated 27.05.1996 was registered against Shri Ravi Shankar Singh, sitting MLC, for offence punishable with death sentence/ imprisonment upto life, wherein, chargesheet was filed on 14.08.1996, and charges have not yet been framed, and the case is still pending for hearing on charge. (mentioned at Sl. 1 under Dhanbad district of High Court report). g. FIR No. 48 dated 23.03.2017 was registered against Shri Sanjeev Singh, sitting MLA, for offence punishable with imprisonment upto life, wherein, chargesheet was filed on 26.06.2017, and charges have not yet been framed. (mentioned at Sl. 2 under Dhanbad district of High Court report). State of Himachal Pradesh: a. There are 34 cases pending out of which in 29 cases even charges have not been framed. b. There are 3 cases pending against Mr. Anurag Thakur, sitting MP from Hamirpur constituency, including under Prevention of Corruption Act, all of which have been stayed either by this Hon'ble Court or by the High Court. (mentioned at Sl.4.1, 4.3 and 4.4 of report of the High Court). c. 15 cases are pending against Shri Rakesh Singha, sitting MLA from Theog constituency committed during the period from 2012 to 2017, in most of which even charges have not been framed. (mentioned at Sl.5.2, 5.3, 7, 8.2 to 8.13 of report of the High Court). State of Andhra Pradesh: a. 38 Sessions trial cases of MP/ MLA have been transferred to Special Court in District Krishna. b. FIR No. 34 dated 17.05.2017 registered against Shri Pinnelli Rama Krishna Reddy, sitting legislator, wherein, chargesheet was filed on 31.12.2017, for offence punishable under Section 302 IPC is pending for framing of charge. c. 2 FIRs of 2007 for offences under Section 353 IPC against Shri Yerraballi Dayakar Rao sitting legislator, wherein, chargesheet was filed in 2008 and charges were framed on 23.06.2014, are pending trial.

18 State of Arunachal Pradesh a. There are total 23 cases pending against legislators of State of Arunachal Pradesh, out of which 5 cases are pending trial before Special Judge, North Lakhimpur, Assam. b. There are 5 cases pending investigation all of which relate to offences under Prevention of Corruption Act registered during the period 2007 to 2016. c. FIR No. 21 dated 09.12.2013 was registered against Shri Lokam Tassar, former MLA, for offences punishable with imprisonment for life. Charges was framed on 11.08.2014, and is pending trial. d. FIR No. 1 dated 24.06.2009 was registered against Shri Nikh Kamin, sitting MLA, for offences punishable with imprisonment for life. Charges was framed on 11.08.2014, and is pending trial. State of Assam: a. 4 cases are pending against Shri Nabha Kumar Sarania, sitting MP, all punishable with imprisonment for life as per following details: i. FIR No. 1 dated 05.01.1998, chargesheet was filed on 31.10.2010, charges were framed on 01.06.2015, and the case is pending for prosecution evidence. (mentioned at Sl.15.1 of report of the High Court). ii. FIR No. 2 dated 07.11.2008, chargesheet was filed on 14.08.2009, charges were framed on 15.12.2012, and the case is pending for evidence. (mentioned at Sl.15.2 of report of the High Court). iii. FIR No. 1626 dated 07.08.2012, chargesheet was filed on 16.01.2013, charges were framed on 23.05.2018, and the case is pending for prosecution evidence. (mentioned at Sl.15.3 of report of the High Court). iv. FIR No. 1576 dated 02.08.2012, chargesheet was filed on 18.11.2012, charges were framed on 23.05.2018, and the case is pending for prosecution evidence. (mentioned at Sl.15.4 of report of the High Court) b. FIR No. 54 dated 22.06.2001 was registered against Shri Kushal Dowari, former MLA, for offence, inter alia under Section 302 IPC. Charges were framed on 11.08.2004, and at present the case is pending for evidence. (mentioned at Sl.14.1 of report of the High Court) c. FIR No. 5 dated 08.01.2008 was registered against Shri Mahibul Hoque, former legislator, for offences punishable with imprisonment for life. Charges

19 were framed on 21.02.2018, and at present the case is pending for evidence. (mentioned at Sl.8.1 of report of the High Court) d. FIR No. 459 dated 19.08.2007 was registered against Shri Rasul Hoque, former legislator, for offences punishable with imprisonment for life. Charges have not yet been framed. (mentioned at Sl.8.2 of report of the High Court) e. FIR No. 2 dated 05.01.2007 was registered against Shri Naren Sonowal, sitting MLA, for offence, inter alia, under Section 302 IPC. Charges were framed on 11.07.2018, and at present the case is pending for evidence. (mentioned at Sl.14.2 of report of the High Court) f. FIR No. 195 dated 28.09.2001 was registered against Shri Abdul Kalam Rashid Alom, sitting legislator, for offence, inter alia, under Section 302 IPC. Charges have not yet been framed. (mentioned at Sl.5.1 of report of the High Court) State of Chhatisgarh: a. Details submitted by the High Court is not in the format as a result of which it is not possible to ascertain as to how many MPs/ MLAs former or sitting are involved; nor it is possible to ascertain as to whether charges have been framed in the cases. b. It is further pertinent to note that as per the earlier report submitted by the High Court details of 6 cases were not traceable and 3 cases of serious nature were pending withdrawal by the prosecution. These details have not been mentioned in the present report received. State of Goa: a. FIR No. 105 dated 13.05.1998 was registered against Shri Mauvin Godinho, sitting legislator, for offence punishable under Prevention of Corruption Act, wherein, chargesheet was filed on 11.06.2001, and charges have not yet been framed. (mentioned at Sl. 1 under North Goa). b. FIR No. 57 dated 19.02.2008 was registered against Shri Babush Monseratte, former legislator, for offence punishable for imprisonment life, wherein, chargesheet was filed on 11.04.2017 and charges have not yet been framed. (mentioned at Sl. 6 under North Goa). State of Haryana: a) Out of total 35 pending cases, 29 cases are at the stage of framing of charge.

20 b) 20 cases are pending against Mr. Sukhbir Kataria, former MLA from Gurgaon, some of which are even punishable with life imprisonment and with 10 years imprisonment. The following may be noted: i. FIR No. 952 dated 14.11.2013 for offences punishable under sections 420/467/468/471/120B IPC (punishable with imprisonment upto life). However, charge has not yet been framed. (mentioned at Sl.5.1 of report of the High Court). ii. 5 other cases, all registered in the year 2015 for offences punishable under sections 420/467/468/471/120B IPC (punishable with imprisonment upto life). However, charge has not yet been framed. (mentioned at Sl.5.19 to 5.24 of report of the High Court) iii. 12 cases are private complaint cases under section 420 IPC in none of which charges have been framed. (mentioned at Sl.5.5 to 5.16 of report of the High Court) State of Kerala: a. FIR No. 118 dated 12.11.1982 was registered against Shri M.M. Mani, sitting MLA for offences, inter alia u/s 302 IPC (punishable with death sentence or imprisonment upto life). Charge sheet was filed only on 18.11.2015 and charge has not yet been framed. The said accused has applied for stay and the case is pending. (mentioned at Sl.306 of report of the High Court). b. FIR No. 1094 dated 24.11.1997 was registered against Shri Naushad, sitting MLA for offences, inter alia u/s 302 IPC (punishable with death sentence or imprisonment upto life). However, charge has not yet been framed and the case is under stay; however, it is not clear as to which court has granted stay. (mentioned at Sl.301 of report of the High Court). c. FIR No. 136 dated 20.02.2012 was registered against Shri T.V. Rajesh, sitting MLA for offences, inter alia u/s 302 IPC (punishable with death sentence or imprisonment upto life). However, charge has not yet been framed and the case is pending reinvestigation by CBI. (mentioned at Sl.309 of report of the High Court). d. There are number of cases pending against the same legislator. For example i. against Shri Kadakampalli Surendran, a sitting MLA, 24 cases are pending. ii. against Shri Antony John, a sitting MLA, 18 cases are pending. iii. against Shri C.K. Saseendran, a sitting MLA, 15 cases are pending. iv. against Shri A.N. Shamseer, a sitting MLA, 15 scases are pending.

21 State of Manipur: a. FIR No. 144 dated 2016 was registered against Shri Govinddas Konthoujam, sitting MLA, for offence punishable for imprisonment upto life, wherein, charges have not yet been framed, and final report is awaited. (mentioned at Sl. 4 of High Court report). b. FIR No. 16 dated 2015 was registered against Shri Meghachandra Singh, sitting MLA, for offence punishable for imprisonment upto life, wherein, charges have not yet been framed, and final report is awaited. (mentioned at Sl. 5 of High Court report). c. FIR No. 36 dated 2017 was registered against Shri P. Brojen Singh, sitting MLA, for offence punishable for imprisonment upto life, wherein, charges have not yet been framed, and final report is awaited. (mentioned at Sl. 6 of High Court report). d. FIR No. 11 dated 2013 was registered against Shri O. Henry, sitting MLA, for offence punishable for imprisonment for 20 years, wherein, charges have been framed only on 18.04.2016, and case is pending for evidence. (mentioned at Sl. 7(i) of High Court report). e. RC No. 2 dated 01.06.2018 was registered against Shri Yamthong Haokip, sitting MLA, for offence punishable with death sentence/ for imprisonment upto life, wherein, charges have not yet been framed, and the case is still under investigation. (mentioned at Sl. 8 of High Court report). State of Punjab : a. FIR No. 4 dated 11.01.2012 was registered against Gurpreet Singh Kangar, sitting MLA from Bhatinda for offences, inter alia u/s 307 and 382 IPC (punishable with imprisonment upto life). However, charge has not yet been framed and the High Court in the year 2017 has stayed further proceedings. (mentioned at Sl.3 of report of the High Court). b. FIR No. 7 dated 23.03.2007 was registered against Capt. Amrinder Singh, sitting MLA from Patiala and Sanjay Talwar, sitting MLA from Ludhiana (East) for offences punishable under Prevention of Corruption Act and sections 409/420/465/467/468/471/201/120B IPC. However, charge has not yet been framed. (mentioned at Sl.11.1 of report of the High Court). c. The following cases are pending against Simranjit Singh Bains, sitting MLA from Atam Nagar: i. FIR No. 113 dated 09.05.2016 for offences punishable under sections 332/353/333/307/394/148/149/120B IPC and sections 25/27/54/ 59 of Arms Act (punishable with imprisonment upto life). However, charge has not yet been framed and the High

22 ii. iii. Court has stayed further proceedings. (mentioned at Sl.11.2 of report of the High Court). FIR No. 64 dated 17.04.2015 for offences punishable under sections 307/341/353/186/120B IPC and sections 114/188/21 of Mining Act (punishable with imprisonment upto life). However, charge has not yet been framed. (mentioned at Sl.11.4 of report of the High Court). 5 other cases for various offences punishable with imprisonment upto 7 years, which are pending at various stages. (mentioned at Sl.11.5, 11.7, 11.9, 11.11 and 15.1 of report of the High Court). State of Rajasthan a. FIR No. 304 dated 09.10.2004 was registered against Shri Shankarlal Sharma, sitting legislator, for offences punishable upto 7 years imprisonment. However, charges have been framed only on 10.02.2011. (mentioned at Sl.17.1 of report of the High Court). b. FIR No. 11 dated 011.10.2011 was registered against Shri Mahipal Maderna, former legislator, for offences punishable with death sentence and/ or imprisonment for life. However, charges have been framed only on 26.05.2014, and at present the case is listed for evidence. (mentioned at Sl. 22 of report of the High Court). c. FIR No. 32 dated 17.03.2008 was registered against Shri Kamal Singh Lodi, former legislator, for offences punishable with imprisonment for life. However, charges have been framed only on 09.07.2014. (mentioned at Sl.34 of report of the High Court). State of Telangana: a. 66 Sessions trial cases of MP/ MLA have been transferred to Special Court in District Hyderabad. b. FIR No. 21 dated 19-1-2013 registered against Shri Ahmed Pasha Quadri, sitting legislator, wherein, chargesheet was filed on 21.05.2014, for offence punishable under Section 302 IPC is pending for framing of charge. State of Uttarakhand : a. Criminal cases against sitting MLAs pending for 3 to 5 years where charge has not yet been framed and State is seeking withdrawal from prosecution though offences are serious in nature punishable with 7/ 10 years of imprisonment and in one case even death sentence.

23 b. FIR No. 192/2012 dated 28.02.2012 was registered against Shri Rajkumar Thukral, sitting MLA from Uddham Singh Nagar for offence, inter alia u/s 302 IPC; in which charge sheet was filed on 01.01.2014 mentioning 23 number of witnesses. However, charge has not yet been framed and instead State has moved an application u/s 321 Cr.P.C. for withdrawal from prosecution (mentioned at Sl.25 of report of the High Court). c. FIR No. 180/2015 dated 13.06.2015 was registered against Shri Kunwar Pranav Champion, sitting MLA for offence, inter alia u/s 30 of Arms Act (punishable upto 10 years imprisonment); in which charge sheet was filed on 31.10.2017 mentioning 8 number of witnesses. However, charge has not yet been framed and instead State has moved an application u/s 321 Cr.P.C. for withdrawal from prosecution (mentioned at Sl.14 of report of the High Court). d. FIR No. 97/2015 dated 14.10.2015 was registered against Shri Naveen Dumka, sitting MLA for offence, inter alia u/s 325 IPC (punishable upto 7 years imprisonment); in which charge sheet was filed on 21.07.2016 mentioning 13 number of witnesses. However, charge has not yet been framed and instead State has moved an application u/s 321 Cr.P.C. for withdrawal from prosecution (mentioned at Sl.17 of report of the High Court). Union Territory of Delhi: a. No fresh affidavit has been filed in terms of order dated 01.11.2018. The earlier affidavit dated 27.08.2018 has again been supplied. b. Details in the format has not been supplied, as a result of which it is not possible to ascertain as to how many MPs/ MLAs former or sitting are involved; nor it is possible to ascertain as to whether charges have been framed in the cases. Union Territory of Dadra and Nagar Haveli a. FIR No. 6 dated 2012 was registered against Shri Natubhai G. Patel, sitting MP, for offence punishable for imprisonment for life, wherein, chargesheet was filed on 11.04.2017 and charges were framed on 31.10.2015, and the case is pending for trial. (mentioned at Sl. 1 under Dadra and Nagar Haevli at Silvasa). ****