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Synopsis

In a suo motu Public Interest Litigation (PIL) initiated to monitor early disposal of criminal cases pending against the Members of Parliament and Legislative Assemblies, the Allahabad High Court recently issued a slew of directions. 

The order was passed by the bench of Acting Chief Justice Manoj Kumar Gupta and Justice Samit Gopal in pursuance of the recent order of the Supreme Court dated November 9, 2023, in the case of Ashwini Kumar Upadhyay vs. Union of India and Another.

While issuing the directions, the high court highlighted that in pursuance of a previous order dated September 10, 2020, passed by the Supreme Court in the same case, another suo motu case had already been registered with the title "In Re: Special Courts for MPs/MLAs/MLCs", wherein the high court is regularly monitoring the progress of criminal cases.

Court issued following directions: 

(a) The Advocate General or the Government Advocate will assist the Court in the instant matter.

(b) We are informed that there are separate courts, both at the Sessions level and at the level of Magistrate, dealing with criminal cases, exclusively against MPs and MLAs. The special courts will send reports at intervals of one month regarding (i) the progress of the cases pending before them; (ii) cases in which proceedings are lying stayed and details of the cases in which proceedings were stayed.

(c) The special courts dealing with such cases shall give priority (i) first to criminal cases against MPs and MLAs punishable with death or life imprisonment then to (ii) cases punishable with imprisonment for five years or more, and then hear (iii) other cases.

(d) The special courts shall not adjourn the cases except for rare and compelling reasons.

(e) The Principal District & Sessions Judge shall ensure sufficient infrastructure facility for the special courts and also enable it to adopt such technology as is expedient for effective functioning. In this regard, if any approval is required from this Court, the same be obtained on the administrative side.

(f) If any appeal or revision is pending before the Sessions court against any order of the Magistrate who has tried the case, the details of such cases shall also be included in the monthly return and shall also be displayed on the website of this Court.

(g) The Sessions courts where such appeals/revisions are pending, will ensure that the same are decided expeditiously.

Court further ordered that the Registrar General shall issue directions to the concerned officer of the Registry to ensure that cases in which the trial is stayed are listed immediately before the appropriate Bench for extension/vacation of the stay orders.

The Registrar General shall also ensure that an independent tab on the website of this Court be activated so that district-wise information about the details of the year of filing, number of subject cases pending and stage of proceedings is clearly reflected, court added. 

Apart from that, court ordered that necessary directions be issued on the administrative side to the special courts that the aforesaid information shall also be updated on a monthly basis.

The matter will be next heard on January 4, 2024 along with the earlier 2020 case. 

Case Title: In Re Designated Courts For MPs/MLAs v. State of UP