244 Criminal Cases Pending Against MPs/MLAs In WB: Calcutta High Court Seeks Report On Existing Infra Facilities At Special Courts

The Calcutta High Court on Monday took on record an affidavit filed by the High Court administration detailing the status of pending criminal cases against MPs and MLAs in various courts across the State of West Bengal. 

The Court was hearing suo-motu petition initiated in view of the directions issued by the Supreme Court asking the Chief Justices of the High Courts to formulate an action plan to rationalize the disposal of criminal cases pending against legislators.

The Apex court in its order passed on September 17, 2021 had said the action plan should touch upon the following aspects : a. Total number of pending cases in each district b. Required number of proportionate Special Courts c. Number of Courts that are currently available d. Number of Judges and the subject categories of the cases e. Tenure of the Judges to be designated f. Number of cases to be assigned to each Judge g. Expected time for disposal of the cases h. Distance of the Courts to be designated i. Adequacy of infrastructure. The Chief Justice of the high courts were directed to designate a Special Bench, comprising themselves and their designate, in order to monitor the progress of these trials.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was apprised by the High Court administration that 244 criminal cases are pending against MPs and MLAs as on December 31, 2021 in various courts across the State. 

It was further pointed out that out of the 244 pending criminal cases, 130 criminal cases relating to MPs and MLAs are pending in the Special Court at Mayukh Bhavan, Salt Lake City. 114 other criminal cases are pending in other trial courts of the State, it was informed further. 

"The response in the form of affidavit in pursuance to the order dated 15.12.2021 has been filed by the Registrar General today. In that response, it has been disclosed that 244 criminal cases relating to MPs/ MLAs were pending in the State of West Bengal and Union Territory of Andaman & Nicobar Islands as on 31st December, 2021. It has been pointed out that out of these 244 cases there are 130 cases pending in the Special Court at Mayukh Bhawan, Salt Lake City and in other courts of the State 114 cases are pending", the Bench recorded in its order. 

The Bench also took into consideration a recommendation made that one Nodal Officer having the rank of Deputy Commissioner must be appointed in each of the Special Courts trying such criminal cases against legislators. Such Nodal Officers must exclusively function for the concerned purpose and must not be burdened with any other administrative duties, it was suggested further. 

Furthermore, the Court also took cognisance of the grievance raised that many such trial courts suffer from inadequate infrastructure and that there is a severe lack of human resources in such trial courts. 

Accordingly, the Bench observed in its order, 

"Learned counsel for the High Court Administration has drawn the attention of this Court to the suggestions given in the response relating to the cases not only in the Special Court but in the other Courts of the State. The suggestion relates to appointing the Nodal Officer if any, in the rank of Deputy Commissioner of Police exclusively for this purpose and that timely production of witnesses, expeditious examination of investigating officer and improvement in infrastructural facilities."

Furthermore, the Bench was also informed by the High Court Administration that the Administrative Committee is considering the steps which are to be taken in this regard pursuant to the order of the Supreme Court in the case of Ashwini Kumar Upadhyay v. Union of India & Another.

Accordingly, the Court directed the Registrar General of the High Court administration to file a supplementary affidavit detailing the status of infrastructure facilities in different trial courts which are trying such criminal cases against MLAs and MPs. 

"The Registrar General is directed to give the details of the infrastructural facilities which are lacking and required to be improved upon by way of a further affidavit", the Court directed. 

The Court thus adjourned the matter for further hearing on February 21. 

Case Title: The Court On Its Own Motion In Re Monitoring Of Pending Criminal Trials Against MPs and MLAs v. State of West Bengal 

Click Here To Read/Download Order