[Criminal Cases Against MPs/MLAs] Orissa HC Takes Suo Moto Notice And Directs State Govt. to Compile Data Of Pending Cases [Read Order]

It may be noted that the Supreme Court on Wednesday (16^th September) asked the Chief Justices of the High Courts to formulate an action plan to rationalize the disposal of criminal cases pending against legislators.

The Division Bench comprising Chief Justice Mohammad Rafiq and Justice B. R. Sarangi directed the Advocate General AK Parija to obtain instructions and file details of the criminal cases pending before different the courts of all the districts of Odisha against sitting/former M.Ps and M.L.As.

The Registry was directed to provide a required number of copies of the writ petition to him.

Further, the Registrar General of the High Court, has been directed to file an affidavit with regard to infrastructure, such as staff, building etc. provided for expeditious disposal of the criminal cases and ensure early completion of trial of such matters.

Apart from that, he has also been asked to mention particulars of cases in which proceedings have been stayed by the superior court, this Court or the court of sessions.

The matter has been posted for further hearing on 19.10.2020.

It may be noted that Lawyer Ashwini Kumar Upadhyay had earlier moved the Apex Court with a PIL seeking speedy disposal of criminal cases against both former and present MPs & MLAs.

The Apex Court on Wednesday (16^th September) lamented that despite all the initiatives taken by it in the case there has been no substantial improvement in the situation when it comes to the disposal of pending criminal cases against sitting/former legislators (MPs and MLAs).

It was in December 2017 that the SC had passed the directions to establish special fast track courts for cases against MPs/MLAs.

Notably, on Tuesday (08^th September), the Amicus Curiae in the matter Senior Advocate Vijay Hansaria and Advocate Sneha Kalita, had stated,

"There are a total of 4442 cases pending against MPs/ MLAs (sitting and former) in different courts including Special Courts for MPs and MLAs. In 2556 cases sitting legislators are accused persons. The number of legislators involved is more than total number of cases since there are more than one accused in one case, and the same legislator is an accused in more than one case".

It was also stated that in a large number of cases, non-bailable arrest warrants issued by the trial courts were yet to be issued and in many instances, they were yet to be executed by the trial court.