Form special benches to expedite clearing of criminal cases against lawmakers: SC to HCs

The Supreme Court of India issued a set of instructions on Thursday to high courts across the country to expedite the disposal of criminal cases pending against members of Parliament and state legislatures.

The petition was filed last year in November by Advocate Ashwani Upadhyay at Supreme Court itself. The important fact is that at the time of filing of the petition, 5,097 cases were pending in different MP-MLA Courts of India.

The petition was heard by the bench comprising D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Mishra. Delays in resolving these cases have allowed lawmakers to complete their terms in office despite facing serious charges. If these charges are proven true, the lawmakers could be disqualified from holding office and barred from contesting elections for a significant period.

The Supreme Court ordered high court chief justices to initiate suo motu cases on the pendency of criminal cases against MP/MLAs and to monitor their progress.

The chief justices have also been instructed to form special benches, which they would preside over, to carry out this monitoring. Additionally, the high courts may seek assistance from the advocate general or public prosecutors in this regard.

The court also directed the Principal District Judges (PDJs) of districts with MP/MLA courts to submit regular reports to the high courts and to prioritise cases punishable by death. The Supreme Court was hearing petitions challenging the provisions of the Representation of People (RP) Act, which prohibit convicted politicians from running for office for six years after serving a jail sentence.

Advocate Ashwini Kumar Upadhyay filed a public interest litigation (PIL) seeking to bar convicted lawmakers from contesting elections. Upadhyay requested the establishment of MP/MLA courts and instructions for the prompt disposal of cases. The court will now hold a hearing on the question of barring convicted politicians from running for office.

SUPREME COURT DIRECTIVES AT A GLANCE

• High Court Chief Justices must initiate a suo motu case titled “In Re Designated Courts for MPs/MLAs” to oversee the prompt resolution of pending criminal cases against MPs or MLAs. The case can be heard by the Chief Justice or a designated bench.
• The special bench handling the case will schedule regular hearings and issue necessary orders to expedite case resolution. They may also seek assistance from the Advocate General or Prosecutor.
• Designated courts must prioritize cases based on severity. Cases involving capital punishment or life imprisonment for MPs/MLAs will receive the highest priority, followed by cases carrying a sentence of five years or more, and then other cases. Trial courts must minimize adjournments.
• High Courts can direct the Principal District and Sessions Judge to assign these cases to designated courts and submit regular progress reports.
• The Chief Justice may bring cases with pending stay orders before the special bench for review and appropriate action, including vacating the stay orders if necessary to ensure timely trial commencement.
• The Principal District and Sessions Judge must ensure designated courts have adequate infrastructure and access to appropriate technology for efficient functioning.
• High Courts must create a dedicated website section providing district-wise information on the year of filing, the number of pending cases, and the stage of proceedings for each case.