Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs

The Delhi High Court has issued directions for expeditious and effective disposal of criminal cases pending in the designated courts against the members of Parliament and Legislative Assemblies.

A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure almost equal pendency of the criminal cases against MPs and MLAs in the designated courts, at the same level.

“However, while considering this aspect the Principal District and Sessions Judge, cum-Spl. Judge (P.C. Act) (CBI), shall also bear in mind the nature and complexity of such cases and the fact that in a given case there are multiple accused persons or extremely large number of witnesses who are to be examined,” the court said.

It added that the designated Courts shall, as far as possible, list such cases at least once a week and not grant any adjournment in the same unless extremely necessary and shall take all requisite steps for expeditious disposal of such cases.

“Wherever the examination/ cross-examination of a witness stretches beyond the given day, the matter, as far as possible, shall be listed on a day-to-day basis till the evidence of such witness is concluded,” the court said.

Furthermore, the bench directed the Principal District and Sessions Judge to continue to obtain monthly progress reports from the designated Courts and send the consolidated report to the High Court.

The monthly reports have to include a short summary of the work done in the cases during the month, the Action plan formulated and the steps taken for expeditious disposal and specific reasons, if any causing any delay.

The court further said that if any revision petitions regarding such criminal matters are pending before the designated Sessions Courts, every endeavour shall be made to dispose of them within six months.

The court also directed the Principal District and Sessions Judge to ensure sufficient infrastructure facility for the designated Courts and to file a report regarding the same.

“The Principal District and Sessions Judge, cum-Spl. Judge (P.C. Act) (CBI), Rouse Avenue Court Complex, Delhi and the Central Project Coordinator (CPC) of this Court shall also ensure that sufficient technological infrastructure is available to enable the designated Courts to adopt such technology as is expedient for effective and efficient functioning and file a report in this respect,” the court said.

The court further directed its Registrar (IT) to ensure that an independent tab is created on the High Court's website providing information about the details of the year of filing, number of cases pending, stage of proceedings and other relevant details.

“The cases in which orders of stay of trial have been passed and are continuing for a period of more than six months, are directed to be disposed of expeditiously by the concerned Benches of this Court. The Registrar General shall file a status report of the said cases before the next date of hearing,” the court said.

The matter will now be heard on February 12, 2024.

The bench was hearing a suo motu case initiated by it in the year 2020 concerning expedited trial of cases against MPs and MLAs.

Earlier, the court had 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 Supreme Court's directions but also to “achieve its objective of ensuring expeditious disposal of cases against sitting and former MPs/MLAs.”

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.

Case Title : COURT ON ITS OWN MOTION v UNION OF INDIA

Citation: 2023 LiveLaw (Del) 1333

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