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This is an archive article published on March 7, 2022

26 cases pending cases against MPs, MLAs wherein trial proceedings stayed, HC told

On Monday, Advocate General Ashutosh Kumbhakoni submitted a summary of cases where trial court proceedings are stayed by orders passed by the Supreme Court, High Court and sessions courts.

Bombay High Court (File)Bombay High Court (File)

The Bombay High Court’s special bench was informed by its registry on Monday that 26 criminal cases are pending against legislators (MPs and MLAs) wherein trial court proceedings against them have been stayed by the courts through interim orders.

A division bench of Chief Justice Dipankar Datta and Justice Sandeep K Shinde initiated proceedings through suo motu PIL in view of Supreme Court directives seeking expeditious disposal of such cases.

On Monday, Advocate General Ashutosh Kumbhakoni submitted a summary of cases where trial court proceedings are stayed by orders passed by the Supreme Court, High Court and sessions courts. The summary said 14 cases against legislators were pending before the High Court’s principal seat in Mumbai, six before Aurangabad bench, four before Nagpur bench and two before Goa bench

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“It appears that the entire list of 26 cases where stay is operative, two cases, one each from Nagpur bench and principal seat in Mumbai, are stayed by the Supreme Court and therefore said two cases will be kept outside our consideration,” the High Court noted.

The court said the list does not contain particulars of orders, including nature of offences and their gravity, which are under challenge, and sought comprehensive list to be placed before it within two weeks

Kumbhakoni informed the bench that some of the former MLAs and MPs had approached him pertaining to cases against them about morchas and dharna andolans, stating that while the government through its decision had withdrawn those cases, the magistrate courts had said that they will dispose the same after an approval of the special bench of the High Court.

The court sought a list of such cases and posted further hearing after two weeks.

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