HC passes orders for speedy disposal of criminal cases against MPs, MLAs
The HC directions came in view of the directions passed by the SC on November 9 last year wherein it had said that criminal cases pending against MPs, MLAs 'have a direct bearing on our political democracy'.
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The HC was hearing a 2020 suo motu plea initiated by it on the Supreme Court’s direction to all high courts to monitor pending criminal cases against MPs and MLAs. (File photo)The Delhi High Court has recently passed a slew of directions for the expeditious disposal of criminal cases pending against MPs and MLAs.
A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna, in its December 21, 2023, order said that the designated courts shall, as far as possible, list such cases at least once a week and not grant any adjournment “unless extremely necessary and shall take all requisite steps for expeditious disposal of such cases”.
Wherever the examination/cross-examination of a witness stretches beyond the given day, the matter, as far as possible, will be listed on a day-to-day basis till the evidence of witness is concluded, the bench added.
“Cases in which orders of stay of trial have been passed and are continuing for more than six months are directed to be disposed of expeditiously by the Benches of this Court concerned. The Registrar General shall file a status report of the said cases before the next date of hearing,” the bench said.
The HC further said in case any revision petitions regarding such matters are pending before the designated Sessions Courts, “every endeavour should be made to dispose (it) of… within six months”. Where such revision petition(s) or other petition(s) are pending before single judges of the High Court, they are requested to dispose of the same as expeditiously as possible, the bench added.
It further said the Principal District and Sessions Judge, cum-Spl. Judge (P.C. Act) (CBI), Rouse Avenue Court Complex, Delhi shall continue to obtain monthly progress reports from the designated Courts and send the consolidated report to the high court. These reports shall include a short summary of the work done in cases listed during the month, action plan formulated, steps taken for expeditious disposal of the cases, and the specific reasons, if any causing delay in disposal of the cases.
The HC was hearing a 2020 suo motu plea initiated by it on the Supreme Court’s direction to all high courts to monitor pending criminal cases against MPs and MLAs and asked the Centre, Delhi government, and the Delhi High Court registry to state the steps taken by them about it.
Among other directions, the bench directed the Registrar (Information Technology) of the HC to ensure an independent tab is created on the High Court’s website providing information about the details of the number of cases pending against the MP and MLA, the year of filing, stage of proceedings and other relevant details.
The bench further renamed the matter as “In Re: designated courts for MPs/MLAs” and directed that this matter be listed before the HC every two months. The matter is next listed on February 12.
The HC directions came in view of the directions passed by the SC on November 9 last year wherein it had said that criminal cases pending against members of Parliament and State Legislatures “have a direct bearing on our political democracy”. The apex court had, while issuing a slew of directions, asked High Courts to set up special benches to monitor trials in such cases for their speedy disposal.
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