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This is an archive article published on March 4, 2022

Bombay HC seeks details of cases against MPs, MLAs wherein trial proceedings are stayed

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.

Bombay HIgh Court, elgaar Parishad case, Gautam Navlakha, Mumbai, Mumbai news, Indian express, Indian express news, Mumbai latest newsThe HC asked the PDJs to verify whether reports of such meetings, if conducted, are sent to High Court administration and if meetings are discontinued for some reason, PDJs are directed to hold such meetings periodically. (File)

The Bombay High Court Friday directed its registry to give a list of cases against legislators (MPs and MLAs) wherein trial court proceedings against them have been stayed by the court 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.

The Supreme Court had passed various judgements for “decriminalisation of politics” by concluding criminal prosecutions against the legislators in view of “rising wave of criminalisation occurring in politics”.

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The apex court had directed to set up special courts in every district for trial of all criminal cases against MPs and MLAs. It had also asked the Chief Justices of every High Court to formulate a blueprint for expeditious disposal of such cases.

Advocate General Ashutosh Kumbhakoni told the bench that some of the directions in the apex court order were complied with, which included constituting special courts across districts to deal with offences against the legislators.

“Let us make a beginning. We will consider those matters and then accordingly hear the matters and either extend interim matters or go on with the matters. We will consider in terms of SC order if the stay granted by HC is right and if matters can be heard and interim orders can be continued,” the bench said orally. Kumbhakoni said that an action plan can be formed based on such details.

As per details accessed from sources, there are a total of 51 cases pending against MLAs and MPs in the Bombay High Court of which 19 belong to the jurisdictional area of the principal seat of Mumbai, nine cases at the Nagpur bench, 21 before Aurangabad and two before the Goa bench.

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The list includes names of a few current and former state ministers along with sitting and former MLAs across major political parties in Maharashtra.
Moreover, as many as 500 cases are pending in trial courts across Maharashtra, Goa and Dadra and Nagar Haveli. Amravati district has 45 pending cases and Parbhani ranks second with 40 while Gadchiroli has no cases and Latur has a single pending case against a legislator.
The High Court will hear the plea next on March 7.

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