SC issues directions to HCs to speed up cases of MPs, MLAs

• The Supreme Court has issued directions to High Courts for speedy disposal of criminal cases against MPs and MLAs.

• The Supreme Court added that criminal cases against members of Parliament, Legislative Assemblies and Legislative Councils be given priority and the trials be not adjourned in such matters except for rare and compelling reasons.

• There are as many as 5,175 cases pending as of November 2022 against MPs and MLAs across the country. Of these, cases that are pending for more than five years are as many as 2,116, which figure is more than 40 per cent of such pendency. This is a large number.

• The SC bench said these cases have a direct bearing on our political democracy. Hence, there is a compelling need to make every effort to ensure that these cases are taken up on priority and decided expeditiously. 

• Confidence and trust of the constituency in their political representative, be it an MP or an MLA, is necessary for an interactive, efficient and effective functioning of a parliamentary democracy.

• There are multiple factors that have a direct bearing on the disposal of the subject cases. Also, there is substantial variation from state to state, and district to district, with respect to each of these factors. 

• Under Article 227, the High Courts are entrusted with the power of superintendence over the district judiciary.

Some of the key directions issued by the SC: 

• The Chief Justice of the High Court shall register a suo-motu case titled as ‘In Re Designated Courts for MPs/MLAs’ to monitor early disposal of criminal cases pending against the members of Parliament and the Legislative Assemblies.

• The Special Bench hearing the suo-motu case may list the matter at regular intervals as is felt necessary. The High Court may issue such orders and/or directions as are necessary for expeditious and effective disposal of the subject cases. The Special Bench may consider calling upon the Advocate General or the public prosecutor to assist the Court.

• A High Court may ask the principal district and sessions judge to bear the responsibility of allocating the subject cases to such court or courts, as is considered appropriate and effective.

The designated courts shall give priority:

i) First to criminal cases against MPs and MLAs punishable with death or  life imprisonment. 

ii) Then to cases punishable with imprisonment for five years or more.

iii) And then hear other cases.

• The trial courts shall not adjourn the cases except for rare and compelling reasons.

• The Chief Justices of High Court may list cases, in which orders of stay of trial have been passed, before the special bench to ensure that appropriate orders, including vacation of the stay orders, are passed to ensure commencement and conclusion of trial.

• The Principal District and Sessions judge shall ensure sufficient infrastructure facility for the designated courts and also enable it to adopt such technology as is expedient for effective and efficient functioning.

• The High Court shall create an independent tab on the website providing district-wise information about the details of year of the filing, number of subject cases pending and the stage of proceedings.

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