Amicus Curiae Submits Action Plans Filed By Various High Courts For Speedy Disposal Of Criminal Cases Against MPs/MLAs [Read Report]

He has intimated that all the High Courts, except two, i.e. the High Courts of Tripura and Meghalaya, have submitted their Action Plan and steps taken to ensure expeditious disposal of the cases before the trial courts as well as pending before the High Courts.

As per the report, some of the High Courts favoured constitution of Special Courts in each District, both at Sessions and Magisterial level. Many other High Courts have favoured trial by the respective jurisdictional courts with a mandate to take these cases on priority basis.

All the High Courts have favoured establishment of Safe and Secure Witness Examination Room with video conference facility. Further, Video conferencing Rules have been framed by most of the High Courts and others are in process of finalising the same.

Details of the action plan may be read in the report attached below.

Amicus has however expressed dissatisfaction at the steps taken by some of the High Courts and has suggested as below:

• The Karnataka High Court has proposed to set up one Special Court at Bengaluru for trial of 165 pending cases. Amicus has suggested that one Court shall not be sufficient and it will be more appropriate to assign cases to the respective jurisdictional courts with a mandate to try the cases on priority basis.
• The Calcutta High Court has proposed to set up one Special Court at Barasat, 24 North Pargana for trial of 134 pending cases. Amicus has suggested that one Court shall not be sufficient and it shall be appropriate to establish more number of Special Courts having regard to the geographical area of the place of occurrence.
• In Tamil Nadu, trial in 92 pending cases has been stayed however, the present Action Plan made by the Madras High Court does not indicate as to the steps taken for disposal of cases under stay.
• In Uttar Pradesh, there is only one Special Court at Allahabad which has 300 pending cases from 12 adjoining districts. It is suggested that the Allahabad High Court should constitute Special Courts in the adjoining districts of Allahabad to lessen the burden of the Special Court. Further, there are 85 cases of stay by the High Court and therefore, special bench(s) may be constituted for these cases.
• The Kerala High Court had intimated in its report that police personnel are "reluctant" to arrest and produce legislators. Amicus has suggested that the Superintendent of Police should be made personally responsible for execution of warrants and service of summons to the legislators and any breach thereof be treated as contempt. Similarly, if any legislator despite receipt of summons/ warrant does not appear before the court, he/ she should be made liable for contempt of, apart from disciplinary proceedings.
• Trial of 8 cases in Haryana and 10 cases in Punjab have been stayed by the High Court however, the present Action Plan made by the Punjab & Haryana High Court does not indicate as to the steps taken for disposal of cases under stay.

Inter alia, amicus has suggested that all the State Governments should appoint Nodal Prosecution Officers and Special Public Prosecutors and co-operate for expeditious trial of pending cases.

Further, all Special Courts should implement the 'Witness Protection Scheme 2018' formulated by this Supreme Court in the case of Mahender Chawla v. Union of India, (2019) 14 SCC 615, without requirement of any application by the witness(s).

Furthermore, a special website may be created for posting the details of cases pending against MPs and MLAs in various courts, including the case status.

It may be noted that the Central Government has not filed a status report with respect to initiation and current stage of cases against the legislators pending before CBI, Enforcement Directorate and other central agencies, grant of sanction and expected time for completion.

Further, there are 10 cases relating to MPs/ MLAs pending before the Supreme Court itself, however, the trial is not progressing in these cases.

High Court orders for expediting trial/disposal of cases pending against legislators:

• [Criminal Cases Against MPs/MLAs] Orissa HC Takes Suo Moto Notice And Directs State Govt. to Compile Data Of Pending Cases
• Criminal Cases Against MPs/ MLAs: Manipur HC Directs Govt To Establish Two Special Courts; Seeks Monthly Status Reports
• [Criminal Cases Against MPs/MLAs] Madhya Pradesh HC Registers Suo Moto Petition; Issues Notices
• [Criminal Cases Against MPs/MLAs] Telangana HC Directs Lower Courts To Take Up Hearing Of The Pending Cases On Day To Day Basis
• Karnataka HC Directs Registration Of Suo-motu PIL For Disposal Of Criminal Cases Pending Against MP's/MLA's

Click Here To Download Amicus' Report

Read Report