Gauhati High Court Directs Registry To Seek Report From Concerned Courts Regarding Delay In Progress Of Pending Cases Against MPs/MLAs

The Gauhati High Court on Tuesday (March 11) asked for specific reports from the concerned Courts indicating the reason as to why, the pending cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) could not progress further.

The division bench comprising Justice Suman Shyam and Justice Arun Dev Choudhury was hearing a suo moto writ petition regarding status of pending cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs).

Pursuant to the Court's order dated January 28, 2025, the Registry submitted a report dated March 10, 2025 indicating the status of the cases pending in the State of Assam and the State of Arunachal Pradesh involving MPs/MLAs.

On the perusal of the said report, the Court observed that as many as 07 out of the 15 cases involving MPs/MLAs which was pending in the Principal Seat of the Gauhati High Court have been disposed of.

“The report further discloses that the remaining 08 cases pending in the Principal Seat are at an advance stage of hearing and therefore, those are also likely to be disposed of soon. From the above, it is apparent that significant progress has been made in the matter of disposal of cases pending in the Principal Seat involving MPs/ MLAs since this suo-motu case was registered. After perusal of the report, we are convinced that if the matters proceed in the manner projected in the report then there is every likelihood that all the pending cases involving MPs/ MLAs in the Principal Seat at Gauhati High Court would be brought to their logical end in the near future,” the Court remarked.

Regarding the cases pending in the district judiciary in Assam involving MPs/MLAs, the Court noted that there are a number of such cases where the proceeding has been held up at the stage of appearance of the accused persons and most of these cases were registered more than a decade back.

“From the report submitted by the Registry it is not clear as to why, those cases are pending for so long merely for 'appearance'. If it is really the case where the appearance of the accused could not be secured for any reason including the reason of failure on the part of the complainant to take steps for issuance of process, then also, it is not clear as to why consequential orders could not be passed by the Court in those matters,” the Court said.

Thus, the Court directed the Registry to call for specific report from the concerned authority indicating the reason as to why, these cases could not progress further and also obtain information regarding the relevant orders that have been passed by the concerned court so as to deal with the situation.

The Court further observed that there are several proceeding pending in Assam where the cases are pending at the stage of evidence. It was noted by the Court that there is no indication in the report dated March 10, 2025 as to why, recording of evidence could not proceed further in those cases even after the lapse of a considerable amount of time.

“Registry to, therefore, call for relevant information from the concerned authorities and prepare a report on this behalf also for placing the same before this Court on the next date fixed,” the Court directed.

It was also noted by the Court that proceedings in some of the cases pending before the district courts are held up due to the stay orders passed by the High Court.

Therefore, the Court directed the Registry to prepare a list of all such cases involving MPs/MLAs where stay orders passed by the High Court are operating and place the same before the Chief Justice, seeking approval to constitute a Special Bench or to list these matters before any Designated Bench, for being heard and disposed of expeditiously.

Regarding pendency of cases involving MPs/ MLAs in the State of Arunachal Pradesh, the Court remarked that as per the report of the Registry, as many as 08 cases are pending therein. It was further observed by the Court that one proceeding was registered in the year 1996, however, the same is still at the stage of recording of evidence.

“There is no indication in the report as to why, recording of evidence could not be concluded in that case even after nearly 03 decades of registration of the proceeding. Likewise, in DMK Case No. 31/2005, which is a proceeding registered in the year 2005, the matter is still at the stage of recording of evidence. In another proceeding, viz., BJN Case No. 10/2005, the matter is pending for appearance although the proceeding was registered way back in the year 2005,” the Court said.

Thus, the Court directed the Registry to call for specific information from the concerned authorities so as to ascertain the reasons as to why, these matters have remained pending for so long without any progress.

It was also directed that the said report shall also indicate as to what steps, if any, have been taken by the concerned Presiding Officers of those courts to expedite the disposal of these cases over the past several years.

“The report, as called for, be placed on or before the next date fixed,” the Court directed.

The matter is listed again on April 29.

Case Title: Designated Courts for MPs/MLAs v. State of Assam

Case No.: WP(C)(Suo Moto)/3/2020

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