The Supreme Court on Monday asked High Courts across the country to inform it about criminal cases against Members of Parliament and Legislative Assemblies for more than five years, on affidavits in four weeks. A bench of Justices D Y Chandrachud and Hima Kohli which was hearing a PIL seeking a ban on convicted legislators from contesting elections also asked the HCs to explain what steps have been taken to expedite the trial in these cases. On a request by amicus curiae Senior Advocate Vijay Hansaria, the court also modified its August 2021 order which said its prior approval was necessary for the transfer of judicial officers presiding over the Special Courts/CBI courts hearing the cases against MPs and MLAs. Hansaria pointed out that several HCs had moved applications seeking modification of the order and the respective Chief Justices could look into the question of their transfer. The bench however said the requirement for prior approval will continue to be applicable where the transfer does not happen in the normal course of transfers and postings. The senior counsel had also suggested that the SC call for a report from the HCs on cases with more than five-year pendency which the bench agreed to. Hearing the PIL, the SC has in the past set up special courts to try cases against MPs and MLAs and had been monitoring the implementation of its directions from time to time.
