Criminal cases of public representatives – uttamhindu.com

Regarding criminal cases pending against public representatives, the Supreme Court of the country last week ordered the formation of a special bench to monitor the cases. The objective of this order is that the hearing of criminal cases pending against MPs and MLAs should be expedited and the hearing of criminal cases should not be postponed except for rare and compelling reasons.High Court,

Issuing several directions to the district judges and special courts constituted to hear cases related to MPs-MLAs, the apex court made it clear that criminal cases filed against MPs, MLAs and Legislative Council members should be given priority. A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said that the learned Chief Justice of the High Court ‘reinforces the need for MPs/MLAs to monitor the expeditious disposal of criminal cases pending against members of Parliament, Assemblies and Legislative Councils’. Will register the case taking suo motu cognizance under the title ‘Designated Courts’. The bench said that several local factors have made it difficult for the Supreme Court to frame uniform or standard guidelines for all trial courts in the country.

He said that these factors have left the issue of ensuring speedy trials to the High Courts, as they have the power of superintendence over the trial courts. The bench said that under Article 227 of the Constitution, all High Courts have been given the power of superintendence over the subordinate judiciary. We consider it appropriate to leave it to all the High Courts to develop such methodology or implement such measures as they deem appropriate for effective monitoring of the subject matters. The bench directed that the High Court can issue such necessary orders in all directions for speedy and effective disposal of cases. The High Court may ask the District and Sessions Judge to send the report at such interval as may be considered appropriate. The designated court will first give priority to criminal cases against MPs and MLAs punishable with death or life imprisonment and then to cases punishable with imprisonment of five years or more.

According to the report filed by amicus curiae senior lawyer Vijay Hasaria in 2022, more than 5100 criminal cases are pending against public representatives across the country by November 2022, out of which more than 2100 are pending for more than five years. The above situation is after the formation of special MP-MLA courts constituted for the cases of public representatives.

The seriousness of the problem can be understood from the fact that even after the formation of special courts, the number of criminal cases against public representatives is increasing. With time, tainted public representatives, who are taking advantage of pending cases in the judiciary, start considering themselves above the law. This has a negative impact on the local administration and also affects public interest. The above decision of the Supreme Court will be helpful in bringing cleanliness in politics. The benefit of which will be available not only to the common people but also to the public representatives who believe in clean politics.