Early Disposal Of Cases Against MPs/MLAs | Allahabad HC Registers Suo Moto Case, Issues Directions To Special Courts Across State

The Allahabad High Court on Friday registered a suo moto case, in compliance with the Supreme Court's recent direction, to expedite the disposal of criminal cases pending against the Members of Parliament and Legislative Assemblies across the state. 

It may be noted that in the Supreme Court's November 9, 2023 order, inter alia, High Court Chief Justices were directed to register a suo motu case titled "In Re Designated Courts for MPs/MLAs" to monitor early disposal of pending criminal cases against MPs/MLAs.

Complying with the SC's order, a bench of Acting Chief Justice Manoj Kumar Gupta and Justice Samit Gopal on Friday issued the following directions to the special courts in the state:

(a) The Advocate General or the Government Advocate will assist the Court in the instant matter.

(b) We are informed that there are separate courts, both at Sessions level and at the level of Magistrate, dealing with criminal cases, exclusively against MPs and MLAs. The special courts will send reports at intervals of one month regarding (i) progress of the cases pending before them; (ii) case in which proceedings are lying stayed and details of the cases in which proceedings were stayed.

(c) The special courts dealing with such cases shall give priority (i) first to criminal cases against MPs and MLAs punishable with death or life imprisonment then to (ii) cases punishable with imprisonment for five years or more, and then hear (iii) other cases.

(d) The special courts shall not adjourn the cases except for rare and compelling reasons.

(e) The Principal District & Sessions Judge shall ensure sufficient infrastructure facility for the special courts and also enable it to adopt such technology as is expedient for effective functioning. In this regard, if any approval is required from this Court, the same be obtained on the administrative side.

(f) If any appeal or revision is pending before the Sessions court against any order of the Magistrate who has tried the case, the details of such cases shall also be included in the monthly return and shall also be displayed on the website of this Court. (g) The Sessions courts where such appeals/revisions are pending, will ensure that the same are decided expeditiously 

The Court has further directed the Registrar General to issue directions to the concerned officer of the Registry to ensure that cases in which a trial is stayed are listed immediately before the appropriate Bench for extension/vacation of the stay orders.

The Registrar General has also been asked to ensure that an independent tab on the website of this Court is activated so that district-wise information about the details of the year of filing, number of subject cases pending and stage of proceedings is clearly reflected.

As per the Court's order, necessary directions be issued on the administrative side to the special courts that the aforesaid information shall also have to be updated on a monthly basis.

The Court has now listed the matter for further hearing on January 4.

Case title - In Re Designated Courts For Mps/Mlas vs. State of U.P [PUBLIC INTEREST LITIGATION (PIL) No. - 2753 of 2023]

Click Here To Read/Download Order