The Supreme Court on Thursday issued a slew of directions for the speedy disposal of criminal cases against members of Parliament and state legislatures.
[File Photo]
The Supreme Court on Thursday issued a slew of directions for the speedy disposal of criminal cases against members of Parliament and state legislatures.
A bench of Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra also asked high courts across the country to register suo motu cases for effective monitoring and speedy disposal of such cases.
Stating that it was difficult for it to frame a uniform guideline for the trial courts across the country for the speedy disposal of cases against MP/MLAs, the bench suggested that the suo motu cases may be heard by special benches headed by the Chief Justice or a bench assigned by him/her.
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“The special bench of the High Court to be headed by the Chief Justice or a bench assigned by him may list the matter at regular intervals as may be felt necessary and could take the assistance of the Advocate General or prosecutor,” the court said.
It also directed that cases against MP/MLAs which are punishable with death sentence should be prioritised over other cases – punishable with imprisonment for five years or more.
The trial in the cases, the top court directed, shall not be adjourned except for rare and compelling reasons.
The top court’s direction came on a plea filed by advocate Ashwini Upadhyay.
In the course of the hearing, the Directorate of Enforcement (ED) had informed the court that there are 51 members of Parliament (MPs) and 71 members of the state legislatures (MLAs) –- both sitting and former — facing charges under the Prevention of Money Laundering Act (PMLA).
The Central Bureau of Investigation (CBI) too stated that 121 cases are pending trial against sitting and former MPs and MLAs.
Senior advocate Vijay Hansaria, who was assisting the court in the matter as amicus curiae, had highlighted “glaring case of inordinate delay” in the trial against lawmakers, pointing out that the cases are pending for over five years.
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