SC asks high courts to set up special bench to monitor criminal trials against lawmakers

STATE TIMES NEWS

New Delhi: In a significant verdict aimed at fast-tracking trials in more than 5,000 criminal cases against lawmakers, the Supreme Court on Thursday directed high courts to set up a special bench to monitor cases for their speedy disposal, saying these cases have a “direct bearing on our political democracy”.
Issuing a slew of directions to high courts, district judges and special courts designated to hear matters related to lawmakers, the top court directed 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”.
“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. However, such confidence is difficult to expect when figures, as indicated in the above referred table, loom large in our polity,” said a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra.
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 5 years are as many as 2,116, which figure is more than 40 per cent of such pendency. This is a large number,” the CJI said in the 15-page judgement.
“The learned 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 judgement said.
The bench said that multiple local factors made it difficult for the top court to “frame uniform or standard guidelines for trial courts across the length and breadth of this country” and it left the issue of ensuring speedy trial to the high courts as they have the power of superintendence over the trial courts.
“Under Article 227 of the Constitution, the high courts are entrusted with the power of superintendence over the subordinate judiciary. We deem it appropriate to leave it to the high courts to evolve such a method or apply such measures that they deem expedient for an effective monitoring of the subject cases,” the bench said.
The suo motu (on its own) case may be heard by a special bench presided by the chief justice (of the high court) or judges assigned by him to the special bench that may list matters at regular intervals as felt necessary, it said.
“The high court may issue such orders in all directions as unnecessary for expeditious and effective disposal. The special bench may consider calling upon the advocate general or the public prosecutor to assist the court,” the bench directed.
It said that 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 high court may call upon the principal district and sessions judge to send reports at such intervals as it is considered expedient.