Karnataka HC Directs Registration Of Suo-motu PIL For Disposal Of Criminal Cases Pending Against MP's/MLA's

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi have directed the Registrar General to place the petition for hearing before the court on September 23. As directed by the Apex court the Advocate General Prabhuling K Navadgi is directed to represent the State government or he is allowed to nominate an Additional Advocate General to represent the state. Senior Advocate Aditya Sondhi is appointed as amicus curiae to assist the court.

The Apex court in its order passed on September 17, 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 order says while preparing the action plan, the Chief Justices should also consider, in the event the trials are already ongoing in an expeditious manner, whether transferring the same to a different Court would be necessary and appropriate.

The Chief Justice should designate a Special Bench, comprising themselves and their designate, in order to monitor the progress of these trials. The Chief Justices are requested to give their comments on the other suggestions of the amicus curiae for the purpose of expedient disposal of pending criminal cases against legislators. Additional suggestions, if any, may also be sent to the Supreme Court.

The action plan, with the comments and suggestions of the Chief Justices of the High Courts, is to be sent to the Secretary-General of the Supreme Court, preferably within a week. A copy may also be sent to the amicus curiae by way of e-mail.

The High Court Chief Justices have also been asked to list all pending criminal cases involving sitting/former legislators (MPs and MLAs), particularly those wherein a stay has been granted, before an appropriate bench(es) comprising the Chief Justice and/or their designates.

Upon these cases being listed, the Court must first decide whether the stay granted, if any, should continue, keeping in view the principles regarding the grant of stay enshrined in the judgment of the Supreme Court in Asian Resurfacing of Road Agency Private Limited v. CBI.

In the event that a stay is considered necessary, the Court should hear the matter on a day­-to-­day basis and dispose of the same expeditiously, preferably within a period of two months, without any unnecessary adjournment.

The Apex court had said "The COVID-19 condition should not be an impediment to the compliance of this direction, as these matters could be conveniently heard through video conferencing."

In December 2017 the SC passed directions to establish special fast track courts for cases against MPs/MLAs.