Ahead of the Lok Sabha elections, the Delhi High Court has asked its judges to priortise the criminal cases, appeals or revisions pending against MPs and MLAs.
A division bench led by Acting Chief Justice Manmohan stated that they direct the Registry of this Court to circulate this order to judges assigned with such cases so that priority is given to all criminal cases, appeals, revisions pending before them against the members of Parliament and Legislative Assemblies, as it is essential for expeditious and effective disposal of such cases.
The Registry informed the High Court bench that there are presently 34 pending cases or appeals or revisions involving MPs and MLAs before a single judge. According to the present roster, Justice Swarana Kanta’s court is the designated special court to deal with MPs and MLAs cases.
Furthermore, the Registry also informed that in the 34 cases, orders of stay of trial have been passed and are continuing for a period of more than six months. Consecutively, the court ordered the Registry to reallocate or redistribute the cases to such Courts or Benches as is considered appropriate and effective for expeditious disposal of such cases, ensuring that stay applications are disposed of expeditiously and trial can conclude before the designated Special Courts.
Referring to the cases pending before the District Court, the bench asked the concerned designated Special Courts to give priority to the criminal cases against MPs and MLAs which are punishable with death or life imprisonment. The court also directed the Special Courts to thereafter prioritize cases punishable with imprisonment for five years or more and then hear other cases.
The bench also urged the judges to refrain from adjourning the subject cases except for rare and compelling reasons. The Delhi High Court bench was hearing a suo motu case initiated by it in the year 2020 concerning expedited trial of cases against MPs and MLAs. The matter is not scheduled for further hearing on May 20.
Previously, the court had directed the Principal District and Sessions Judge of the Rouse Avenue Court to ascertain almost equal pendency of the criminal cases against MPs and MLAs in the designated courts, at the same level.
The high court had also appointed Senior Advocate Sandeep Sethi as amicus curiae and to assist it in the matter and suggest further measures, not only to ensure compliance of apex court’s directions but also to achieve its objective of ensuring expeditious disposal of cases against sitting and former MPs/MLAs.
Notably, the Supreme Court in September 2020 directed special courts to take up criminal matters against MPs and MLAs in Ashwini Kumar Upadhyay v Union of India.