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

In a significant verdict, the Supreme Court on Thursday (November 9) directed all high courts to set up a special bench and register a suo motu case to monitor criminal matters pending against MPs and MLAs to ensure their early disposal.

Delivering its judgement on a plea seeking expeditious disposal of criminal cases against elected members of Parliament and Legislative Assemblies, a bench headed by Chief Justice D Y Chandrachud issued a slew of directions to high courts and trial courts on a PIL filed by Ashwini Upadhyay seeking early disposal of pending criminal cases against lawmakers.

The top court said it would be difficult for it to give uniform guidelines for trial courts for speedy disposal of cases against lawmakers. The CJI said, that “there exist multiple factors” which “influence the early disposal of the subject cases” and “this coupled with their 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”.

The judgement said the high courts will be setting up a special bench, presided over either by the chief justice, or by a bench designated by the chief justice, to monitor criminal trials against the lawmakers. The high courts may call upon special lower courts for reports on status of trials against the lawmakers in criminal cases, it said.

‘Take up on priority’

The designated court, the Supreme Court said, “shall give priority…first to criminal cases against MPs and MLAs punishable with death or life imprisonment”, followed by “cases punishable with imprisonment for 5 years or more and then head other cases”. It added that the trial court shall not adjourn the cases, except for rare and compelling reasons.

The bench, which went through the affidavits filed by the high courts on the situation existing within their jurisdictions, said, “The high courts have been dealing with these issues on the administrative and judicial side and they are alive to the position that exists in each of their district courts. Under Article 227, high courts are entrusted with the power of superintendence over the subordinate judiciary. We deem it appropriate to leave it to the high court to evolve such methods or apply such a measure that they deem expedient for an effective monitoring of the subject cases.”

“The trial courts shall not adjourn hearing of the cases against the Member of Parliament, MLAs and MLCs except for rare and compelling reasons,” said the apex court. “The principal district and sessions judges shall ensure sufficient infrastructure, technological facility for designated special courts trying lawmakers, the CJI said while pronouncing the judgement.”

The bench was hearing a PIL -- filed through lawyer Ashwani Dubey -- which, besides seeking a life term ban on politicians upon conviction in criminal cases, has sought reliefs like an expeditious trial of accused lawmakers and setting up of special courts for this purpose in the country.

(With inputs from agencies)