SC: HCs to constitute special bench to monitor cases against MPs/MLAs, prioritise death sentence cases

The apex court judgment came on a plea by advocate Ashwini Upadhyay, which among other things sought a lifetime ban on convicted politicians including sitting lawmakers from contesting elections as opposed to the current six-year ban, writes Sumit Saxena.

New Delhi:The Supreme Court on Thursday issued a slew of directions for the speedy disposal of criminal cases against MPs/ MLAs and pointed out that it would be difficult for it to lay down uniform guidelines for trial courts across the country to dispose of these cases, and left it on the high courts to evolve measures for effective monitoring of such cases.

A bench led by Chief Justice of India D Y Chandrachud said, "The high courts have been dealing with these issues on the judicial and administrative side and they are alive to the situation which exists in each of their district courts…… We deem it appropriate to leave it to the high courts to evolve such methods or apply such measures for effective monitoring of such cases”.

Issuing a slew of directions, the bench, also comprising justices J B Pardiwala and Manoj Misra, said the chief justice of the high court shall register a suo moto case, regarding designated courts for MPs/MLAs, to monitor early disposal of criminal cases pending against the lawmakers. “The suo moto case will be heard by a special bench presided over by the chief justice or a bench assigned by him. The special bench hearing the suo moto case may list the matter at regular intervals….the high court may issue orders and directions necessary for expeditious or effective disposal of cases”, said the bench.

The bench said the special bench may consider calling upon the advocate general or public prosecutor to assist the court and the high court may require the principal and district sessions judge to bear the responsibility of allocating cases to courts. “the designated courts should give priority first to criminal cases against MP/MLAs punishable with death or life imprisonment. Then, cases with five years or more…..the chief justice may list cases in which order of stay of trial have been passed before the special bench to ensure that appropriate orders including vacation of stay orders are passed for commencement or conclusion of trial”, said the bench.

The apex court judgment came on a plea by advocate Ashwini Upadhyay, which among other things sought a lifetime ban on convicted politicians including sitting lawmakers from contesting elections as opposed to the current six-year ban. The apex court today did not decide on this prayer but only passed directions on expeditious disposal of cases. The plea seeking a lifetime ban would be considered later.