This is an archive article published on December 10, 2023
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Court pulls up authorities for dragging feet in trials against MLAs

Special courts have been set up by the Union government under directions from the Supreme Court for the expeditious trial of criminal cases involving MLAs and MPs.

special courtThe court directed the police inspector of Colaba police station to serve summons to the witnesses and ensure their appearance. It also directed the chief public prosecutor to submit a detailed programme of the trial. (Representational Photo)
Written by: Sadaf Modak
3 min readMumbaiDec 11, 2023 09:06 AM IST First published on: Dec 10, 2023 at 08:20 PM IST

A SPECIAL court designated for trial of criminal cases involving MPs and MLAs, last week, pulled up authorities over the ‘snail pace’ of two separate cases filed against Maharashtra MLAs.

One of the cases is against Maharashtra Legislative Assembly speaker Rahul Narvekar, Cabinet Minister Mangal Prabhat Lodha and others, who are facing allegations of assaulting the general manager of BEST, Mumbai’s transport authority. The second case is against independent MLA Bacchu Kadu who was booked in 2018 for allegedly threatening and obstructing a Mantralaya officer from discharging his duty.

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Special courts have been set up by the Union government under directions from the Supreme Court for the expeditious trial of criminal cases involving MLAs and MPs. Special Judge RN Rokade, presiding over the court, said in two separate orders that the Supreme Court’s directions include giving priority to the trial in cases involving sitting legislators over former legislators, and also that no adjournments be granted except in rare and exceptional circumstances.

On December 5, in the case involving MLA Kadu filed at Marine Drive police station, the court was informed that the informant in the case is busy in the work on the ongoing Assembly session and requested adjournment. The court said the charges were framed in February and that Kadu is a sitting MLA. “The trial was adjourned due to absence of witnesses six times. It is seen that the trial is proceeding at snail’s pace due to non-availability of witnesses,” the court said. It allowed the adjournment while directing that the investigating officer secure the presence of witnesses for early disposal of the case. It also said that unless there is a compelling reason, the matter will not be adjourned henceforth.

In the case against Narvekar, Lodha and others, which was heard on December 4, a witness who was to be heard on the day, emailed the court that he was posted in Gondia district and was busy at a sensitive event. The court, here too, noted that the trial was adjourned twice due to absence of witnesses and said it was moving at a snail’s pace.

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The court directed the police inspector of Colaba police station to serve summons to the witnesses and ensure their appearance. It also directed the chief public prosecutor to submit a detailed programme of the trial.

Last month, the court had similarly issued directions in a case involving Cabinet Minister and NCP leader Chhagan Bhujbal and 58 others, filed by the Enforcement Directorate (ED), stating that the matter was five years old and sought cooperation from the accused for expeditious disposal of the discharge applications which are being heard.

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstr... Read More

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