A fresh status report submitted to the Supreme Court has raised concerns over the continuing delay in criminal cases involving sitting and former MPs and MLAs.

According to the report, 4,192 criminal cases are pending against legislators, including 519 cases that have been pending for more than 10 years. Despite regular judicial monitoring since 2018, the overall pendency has remained almost unchanged.

The report was filed by Senior Advocate and amicus curiae Vijay Hansaria, assisted by Advocate Sneha Kalitha, a 2016 case concerning the speedy disposal of criminal cases against politicians. Information was received from all High Courts except the Allahabad High Court.

Of the pending cases, 754 are between five and 10 years old, 563 are between three and five years old, and 1,095 are less than three years old. In 2025, courts disposed of 1,243 cases, while 1,050 new cases were registered.

Why Are Cases Delayed?

The report identifies several reasons, including Special Courts having to handle regular cases alongside MP/MLA matters, repeated adjournments, non-appearance of accused persons, delays in serving summons and producing witnesses, unexecuted warrants, and delays in investigations and forensic reports.

The amicus has suggested that designated Special Courts should exclusively hear cases against MPs and MLAs until their disposal. It has also recommended monthly monitoring by High Courts and completing trials ordinarily within one year of framing of charges.

Cases pending for more than three years should, as far as possible, be heard on a day-to-day basis.

The report has also called for greater transparency, recommending that High Courts publish updated MP/MLA case data and upload order sheets within a week.

It has proposed a dedicated website, on the lines of the National Judicial Data Grid, providing district-wise information on pending cases and categorising them according to how long they have remained pending.

Cases Against Chief Ministers

The report states that 14 of 28 Chief Ministers have declared criminal cases against themselves. Telangana Chief Minister Anumula Revanth Reddy has 89 pending cases, followed by West Bengal Chief Minister Suvendu Adhikari with 29, Karnataka Chief Minister D.K. Shivakumar with 19 and Andhra Pradesh Chief Minister N. Chandrababu Naidu with 19.

The report also notes that the Allahabad High Court has the highest pendency, with 1,171 cases reported as pending.

The Supreme Court has been monitoring the issue for nearly a decade and has previously issued directions for setting up Special Courts to deal with criminal cases involving elected representatives.

Case: Ashwini Kumar Upadhyay & Ors. v. Union of India & Ors.
*W.P. (C) No. 699/2016