Breaking | Supreme Court Empowers High Courts To Expedite Trials Of Criminal Cases Against MPs/MLAs [Read Directions]

Today, the Supreme Court issued a series of directives aimed at expediting the resolution of criminal cases involving Members of Parliament and Members of Legislative Assemblies (MPs/MLAs), in response to the PIL filed by Advocate Ashwini Kumar Upadhyay.

The Bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra acknowledged that the disparities between states make it challenging to establish a uniform set of guidelines for Trial Courts nationwide to handle these cases. However, the Supreme Court instructed the High Courts with specific guidelines to ensure the prompt disposal of such cases.

Reading out a part of the Judgement, CJI stated, " Having considered the matter in detail we are of the opinion that there exists multiple factors. Each of these influences the early disposal of the subject cases. This coupled with the dissimilarity from State to State makes it difficult for this Court to form a uniform or standard guideline for Trial Courts across the length and breadth of this country to dispose of these cases."

Continuing the CJI stated, "We have gone through the affidavits filed by the High Courts explaining the situation that exists within their jurisdiction. The High Court have been dealing with these issues on the judicial as well as on the administrative side and they are alive to the position that exists in each of their District Courts. Under Article 227, 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 measure that they deem expedient for effective monitoring of the subject cases."

The Court has issued the the following directions:

In Re Designated Courts MP/MLAs' to Accelerate Resolution of Criminal Cases Against Legislators: The CJI ordered, "1. The learned Chief Justice of the High Court shall register a Suo Motu case with the title: In Re Designated Courts MP/MLAs to monitor the early disposal of criminal cases pending against the members of parliament and the legislative assemblies. The Suo Motu case maybe heard by a Special Bench presided by the learned Chief Justice or a Bench assigned by him."

Efficient Justice Delivery: Special Bench Empowered to Set Timely Hearings and Seek Legal Expertise for Swift Resolution of MP/MLA Cases: The Court stated, "2) The Special Bench hearing the Suo Motu case may list the matter at regular intervals as felt necessary. The High Court may issue such orders or such directions as are necessary for expeditious disposal and effect disposal of the subject cases. The Special Bench may consider calling upon the Advocate General or the Public Prosecutor to assist the Court."

Streamlined Case Management:  Empowers District Judges for Efficient Assignment and Monitoring of MP/MLA Cases: On this aspect the CJI stated, "3) The High Court may require the Principal District and Session Judge to bear the responsibility of allocating the subject cases to such Court or Courts as considered appropriate and effective. The High Court may call upon the Principal District and Session Judge to send reports in such intervals as it considers expedient."

4) Justice on a Fast Track: Designated Court Prioritizes High-Stakes MP/MLA Cases, Minimizes Adjournments for Speedy Resolutions: The CJI further stated, "The designated Court shall give priority in such order: 1. First to criminal cases against MPs and MLAs punishable with death or life imprisonment, 2. Cases punishable with imprisonment of five years or more and then 3. and then the other cases. The Trial shall not adjourn the cases expect for rare and compelling reasons."

 Swift Trial Commencement and Completion & Designated Courts with Tech and Infrastructure for Speed and Efficiency: On these aspects, the CJI ordered, "5. The learned Chief Justice may list cases in which orders of stay of trial has been passed before the Special Bench to ensure that appropriate orders including vacational stay orders are passed to ensure the commencement and conclusion of the trial. 6. The Principal District and Session Judge shall ensure sufficient infrastructure facility for the designated Courts and also enable to adopt such technology as expedient for effective and efficient functioning."

High Court's Online Portal to Track Pending MP/MLA Cases: Concluding the CJI ordered, "7. The High Court shall create an independent tab on the website providing district-wise information about the details of the: year of the filing, number of subject cases pending and the stage of proceedings. We make it clear that while monitoring the subject cases, the Special Bench may pass such orders or give such additional directions as necessary for the early disposal of the subject cases."

The Court accordingly disposed of the PIL with respect to the first prayer concerning the expeditious disposal of criminal cases against elected Members of Parliament and Legislative Assemblies. The Court now further deal with second aspect of the PIL concerning replacement of the six-year ban as stipulated in Section 8(3) of the Representation of People Act, 1951 (RP Act) with a permanent lifetime ban.

[The report will be updated when the copy of the judgment is received]

Cause Title: Ashwini Kumar Upadhyay v. Union of India [W.P.(C) No. 699/2016]