In a landmark decision, the Supreme Court has instructed all high courts to establish a dedicated bench and initiate a suo motu case to oversee the resolution of criminal matters involving MPs and MLAs. Chief Justice D Y Chandrachud, leading the bench, issued several directives to both high courts and trial courts based on a PIL filed by Ashwini Upadhyay, who sought the swift resolution of pending criminal cases against lawmakers, PTI reported.
The apex court acknowledged the complexity of providing uniform guidelines for the speedy disposal of cases against lawmakers in trial courts. Instead, it emphasized that high courts should form special benches, either led by the chief justice or a designated bench, to monitor criminal trials involving lawmakers. These high courts can also seek reports from special lower courts on the status of trials in criminal cases against lawmakers.
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The judgment explicitly stated that trial courts should avoid unnecessary adjournments in hearings related to Members of Parliament, MLAs, and MLCs, allowing delays only in rare and compelling circumstances. Chief Justice Chandrachud emphasized the importance of adequate infrastructure and technological facilities in designated special courts handling cases against lawmakers, directing principal district and sessions judges to ensure their provision.
The PIL, filed by lawyer Ashwani Dubey, not only called for a life term ban on politicians following convictions in criminal cases but also sought other reliefs such as expeditious trials for accused lawmakers and the establishment of special courts nationwide for this purpose.
