Govt. defends special courts for politicians 

Govt. defends special courts for politicians 

Context

Finance Minister ArunJaitley on Tuesday defended the government’s decision to set up fast track courts for dealing with criminal cases against politicians and said lawmakers should take the lead in setting an example.

Opposition to SC directive

Earlier, Opposition parties, led by the Congress and the Samajwadi Party, raised the issue of the Supreme Court’s recent directive to the Centre to draft a scheme for setting up fast track courts to deal exclusively with criminal cases involving legislators and politicians.

Goes against Article 14

• Article 14 of the Constitution provides for equity before law and elected representatives are on a par with other citizens
• While there were no special courts to fast-track the trial of terrorists and dreaded criminals, setting up such a court for elected representatives would create a misleading perception of politicians
• He questioned the government’s affidavit supporting the fast-track courts.

Selective treatment

• While there was no question of delaying prosecution of anyone, it would amount to profiling and excessive vilification of lawmakers if a perception was created that fast-track courts were needed only for the elected representatives
• Singling out the elected representatives would create a perception that could be abused by the government of the day

Fast Track courts for all

The government, he said, should ensure that enough funds were allocated for creation of enough number of courts to fast-track trial of all