Supreme Court Sets Out Framework for High Courts to Supervise Expedient Resolution of Cases Involving MPs/MLAs
Simultaneously, the bench has issued the subsequent comprehensive directives for overseeing the expeditious resolution of pending cases:
- Chief Justices of High Courts shall initiate the registration of a suo motu case titled “In Re Designated Courts for MPs/MLAs” to oversee the prompt resolution of pending criminal cases involving MPs/MLAs. This suo motu case may be overseen by a dedicated bench led by the Chief Justice or a bench designated by the Chief Justice.
- The Special Bench presiding over the suo motu case shall schedule hearings at regular intervals as deemed necessary. The High Court may issue any requisite orders and instructions to facilitate the swift and efficient disposition of these cases. The Special Bench may also consider engaging the services of the Advocate General or Prosecutor to assist the court.
- The High Court may assign the Principal District & Sessions Judge with the responsibility of allocating subject cases to specific court(s). The High Court may request the Principal District & Sessions Judge to submit periodic reports as necessary.
- Designated courts shall accord precedence to criminal cases involving MPs/MLAs, with priority given to cases carrying penalties of death or life imprisonment, followed by cases with prison sentences of five years or more, and subsequently, other cases. The trial court shall avoid adjournments except in exceptional and compelling circumstances.
- The Chief Justice may list cases where trial stays have been granted before the special bench to ensure that appropriate orders, including the vacation of stay orders, are issued to commence the trial.
- The Principal District & Sessions Judge shall ensure that the designated court has access to adequate infrastructure facilities and is equipped with appropriate technology to enhance its efficiency.
- The High Court will establish a dedicated section on its website, providing district-wise information regarding the year of filing, the number of pending subject cases, and the current stage of proceedings.
During the oversight of these subject cases, the special bench is empowered to issue any necessary orders or instructions to expedite their resolution, as clarified by the Court.
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