Criminal accused won more seats in 17th Lok Sabha: Amicus curiae report

New Delhi: An amicus curiae report in the Supreme Court said candidates with criminal cases won more seats in the 17th Lok Sabha than those who led lawful lives.

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Out of 514 elected members of 17th Lok Sabha (2019-2024), 225 members (44%) had criminal cases against them. Thus, the candidates with criminal cases have won more seats than candidates without criminal cases, the report pointed out.

Referring to a report of NGO 'Association of Democratic Reforms for the Lok Sabha elections 2024 Phase I and Phase II,' Mr Hansaria, assisted by advocate Sneha Kalita, said that out of 2,810 candidates (Phase I - 1,618 candidates and Phase II - 1,192 candidates), 501 (18 per cent) candidates have criminal cases against them, out of which, 327 (12 per cent) are serious criminal cases (punishable with imprisonment of 5 years and more).

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Referring to a report of NGO 'Association of Democratic Reforms for the Lok Sabha elections 2024 Phase I and Phase II,' Mr Hansaria, assisted by advocate Sneha Kalita, said that out of 2,810 candidates (Phase I - 1,618 candidates and Phase II - 1,192 candidates), 501 (18 per cent) candidates have criminal cases against them, out of which, 327 (12 per cent) are serious criminal cases (punishable with imprisonment of 5 years and more).

"The same was the position in 2019 Lok Sabha elections in which out of 7,928 candidates, 1,500 candidates (19%) had criminal cases, out of which 1,070 candidates (13%) were serious criminal cases. However, out of 514 elected members of 17th Lok Sabha (2019-2024), 225 members (44%) had criminal cases against them.

"Thus, the candidates with criminal cases have won more seats than candidates without criminal cases. In this context, it is necessary that this court may pass further orders for expeditious disposal of pending trials and investigation under strict monitoring by the respective high courts," the affidavit said.

Mr Hansaria, who is assisting the court in the PIL filed by Ashwini Upadhyay for speedy disposal of cases against the lawmakers, said, "It may be noted that in view of the direction issued by this court in the present proceedings, the steps taken by the respective high courts, and expeditious hearing by the special court MP/MLA, more than 2000 cases have been decided in the year 2023. 
However, a large number of cases are pending, and many of them are for a long period."

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