BackSupreme Court directs high courts to fast-track trials against MPs, MLAs. Details here
To ensure faster disposal of criminal cases against lawmakers, the Supreme Court, on Thursday, directed high courts to set up special bench to monitor cases for their speedy disposal
PremiumTo ensure speedy disposal of criminal cases against lawmakers, the Supreme Court directed high courts to set up a special bench to monitor criminal cases against lawmakers. The apex court, on Thursday, also asked special courts not to adjourn proceedings in such matters except “for rare and compelling reasons", reported PTI.
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At present, there are more than 5,000 criminal cases against lawmakers pending in court. In its verdict, the Supreme Court directed high courts, district judges and special courts, to give priority to criminal cases against membbers of Parliament, legislative assemblies and legislative councils.
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"The learned Chief Justice of the High Court shall register a suo motu case titled as 'In Re Designated Courts for MPs/MLAs' to monitor early disposal of criminal cases pending against the members of parliament and the legislative assemblies," said one of the directions passed by the bench of Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra.
SC asks to create an independent tab on website for district-wise info of cases
The Supreme Court bench also directed high courts to create an independent tab on the website to provide district-wise information about the details of year of the filing, number of subject cases pending and the stage of proceedings.
"While monitoring the subject cases, the special bench may pass such orders or directions as are necessary for expeditious disposal, clarified the court," the bench said.
"Under Article 227 of the Constitution, the high courts are entrusted with the power of superintendence over the subordinate judiciary. We deem it appropriate to leave it to the high courts to evolve such a method or apply such measures that they deem expedient for an effective monitoring of the subject cases," the bench said.
In a public interest litigation (PIL) filed by by Ashwini Upadhyay through lawyer Ashwani Dubey, sought early disposal of criminal cases against politicians. The petition also asked for a life term ban on politicians upon conviction in criminal cases and setting up of special courts for this purpose in the country.
As per one of the latest reports of the amicus curiae of November 14, 2022, there there are 5,175 cases against politicians and 2,116 criminal cases are pending for more than five years. The numbers are rising every day.
In her petition, Ashwini Upadhyay also challenged the provisions of the Representation of Peoples Act which restrict the term of disqualification as the period of sentence plus six years after the release.
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