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Synopsis

The Delhi High Court has directed the registry of the High Court as well as respective District Courts to re-allocate/re-distribute cases against Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) to such courts/benches as is considered appropriate and effective. 

The bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora held, “As such Registry is directed to re-allocate/re-distribute these cases to such Courts/Benches as is considered appropriate and effective for expeditious disposal of such cases, so that stay applications are disposed of in the subject cases expeditiously and trial of such cases can conclude before the designated Special Courts”. 

The division bench was notified regarding the existence of multiple unresolved cases/appeals/revisions involving Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs), under consideration by the single bench of the court. The bench was notified that orders for the suspension of trials were issued. 

Therefore, it was prayed to reallocate/redistribute these cases to appropriate courts/benches for prompt resolution, ensuring that stay applications in these cases were swiftly disposed of and trials concluded before the designated special courts.

Consistent with the directives issued by CJI in the case of Ashwini Kumar Upadhyay vs. Union of India & Another, the bench directed the registry of the court to disseminate this order to fellow judges overseeing such cases. The bench noted that priority must be accorded to all criminal cases/appeals/revisions pending against Members of Parliament and Legislative Assemblies to facilitate their expeditious and efficient resolution.

Regarding the cases before the district court, the bench remarked to its order dated 21st December 2023 wherein instructions were provided to the designated courts to prioritize criminal cases against Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) that carry penalties of death or life imprisonment. 

Accordingly, the bench listed the matter for May 20, 2024. 

Case Title: In Re: Designated Courts For MPS/MLAS v Union Of India & Ors. (2024:DHC:2700-DB)