Criminal Cases Against MPs/ MLAs: Manipur HC Directs Govt To Establish Two Special Courts; Seeks Monthly Status Reports [Read Order]

The Bench of Chief Justice Ramalingam Sudhakar and Justice A. Bimol Singh directed the Government to set up:

• Special Court (MP/MLA) No.1, Manipur [Sessions Court to be manned by MJS Grade-I] &
• Special Court (MP/MLA) No.2, Manipur [Magisterial Court to be manned by MJS Grade-II]

having jurisdiction over whole of Manipur.

As a corollary, the State Government has been directed to create two cadre posts of Manipur Judicial Services:

• MJS Grade-I : 1 post
• MJS Grade-II : 1 post

along with 2 posts of Special Public Prosecutor.

"The Special Court where trial is going on, are directed to conduct the case on day-to-day basis. In any event, no adjournment beyond 7(seven) days should be granted and that too, for reasons to be recorded," the Bench said.

It further added that if any authority is not co-operating in the day-to-day hearing of the case, the name and designation of the officer should be informed to the superior authority and to the Court also without fail.

Inter alia, the Court directed the DGP, Director of Prosecution and the Director of FSL to ensure that the police authorities cooperate with the trial Courts on day-to-day proceedings of the Criminal cases, more particularly, the direction relating to production of accused, execution of non-bailable warrants, service of summons to witnesses, prioritization of FSL reports, etc.

Further, the State Government shall ensure that they cooperate and take initiative in the establishment of "safe and secure witness examination room" and the provision for "Video Conferencing" in these Courts to aid and assist in the early and speedy conduct of the trials.

These directions have come in a suo moto case registered by the High Court to ensure appropriate and timely action in relation to both pending FIRs and in case where charge-sheet has been filed against MPs/MLAs.

This is incompliance with a recent direction issued by the Supreme Court in Ashwini Kumar Upadhyay & Ors. v. Union of India & Ors., which said:

"these cases should be investigated without undue delay and wherever charge-sheet has not been filed, it should be filed in time and the Special Courts dealing with these cases should expedite the trial on priority basis and that there should not be any scope for delay."

Criminal Cases Against MPs/MLAs : SC Asks HC Chief Justices To Submit Action Plan For Expeditious Disposal

After this direction, the High Courts of Karnataka and Orissa swung into action. Following the lead, the Manipur High Court has also registered the suo moto case and appointed Senior Advocate Y. Nirmolchand Singh as the Amicus Curiae. The matter is now listed for compliance on October 15, 2020.

Detailed Instructions

To State Govt:

State Government is directed to sanction funds for creating the infrastructure for the two proposed Special Courts, staff, etc.

For the present till the two Special Courts mentioned at Sl. No.1 are created, the State Government is directed to designate the Courts of (i) Additional District & Sessions Judge (FTC), Manipur West and (ii) Chief Judicial Magistrate, Imphal East as Special Courts No.1 & No.2, Manipur respectively to deal with Criminal cases relating to sitting and former MPs/MLAs.

The Special Courts should be empowered to conduct trials of cases relating to offences under Indian Penal Code as well as Special Acts also.

State Government shall provide adequate facilities for video conferencing in the Special Courts for recording of evidence and for proper conduct of trial.

To DGP:

A Nodal Prosecution Officer not below the rank of Additional Superintendent of Police shall be designated to ensure production of accused persons before the respective Special Courts and execution of NBWs issued by the Courts. The Officer shall also be responsible for service of summons to the witnesses and their appearance and deposition in the courts. Any lapse on the part of the Nodal Prosecution Officer will make him/her liable to disciplinary proceedings apart from initiation of contempt of court proceedings.

In the suo motu PIL, the Director General of Police shall designate a senior Police Officer of the rank not below Inspector General of Police who shall be present in the Court in each hearing to collect and provide requisite information to the Court as and when the case is listed for hearing.

The Director General of Police, State of Manipur shall direct all Investigating Officers to complete the investigations in respect of criminal cases filed against former and sitting MPs/MLAs and submit reports under Section 173 CrPC without any further delay.

To Director of Prosecution:

The Director of Prosecution shall ensure that the reports submitted by the I.O.s under Section 173 CrPC shall be processed on priority basis and submitted to the concerned Special Courts immediately. Any delay on the part of the Director of Prosecution will be viewed as disobeying the order of this Court.

The Director will ensure without fail that all pending NBWs, summons, etc. issued by the Special Courts shall be executed on time. A compliance report be submitted to this Court through the Public Prosecutor. The appearance of the accused, witnesses and experts shall be ensured in the day-to-day trial.

To Director of FSL:

The Director, FSL, Manipur shall ensure that test reports in connection with criminal cases against former and sitting MPs/MLAs be completed on priority basis and shall be forwarded to the Investigation Agency and/or the Special Courts, as the case may be without any further delay. All pending reports to be processed and reported.

Video Conferencing facility should be available in the FSL itself so that the same may be used at the time of trial.

To Special Agencies:

The Special Agencies such as CBI, NIA, etc. shall ensure that pending investigations of criminal cases against former and sitting MPs/MLAs shall be completed as soon as possible and submit the reports under Section 173 CrPC promptly. They will complete all required formalities for speeding up the trial on day-to-day basis.

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