Read Time: 04 minutes

The Supreme Court bench ofJustices L. Nageswara Rao and B.R. Gavai on Tuesday, suggested establishing a mechanism similar to the Judicial Panel on Multidistrict Litigation set up in the United States of America to resolve matters in which multiple FIR's are registered against a particular person in multiple States. 

The Court was hearing a writ petition seeking transfer and clubbing of 29 FIRs registered against an accused, who has been in custody for duping people and collecting money from them, to an appropriate Investigating Agency. The Court in the last hearing had asked the Centre to come up with some solutions.

Senior Advocate, Mr. Kapil Sibal representing Radhey Shyam, Chief Managing Director of Future Maker Life Care Private Limited suggested that the Code of Criminal Procedure, 1973 ("Cr.P.C.") itself has solutions to the issue at hand.

Mr. Sibal stated that the State Government has the power to "collect a class of offences and try them before the Sessions Court" under Section 186 Cr.P.C.

Mr. Sibal indicated three important pointers of a criminal proceedings of the present nature.

1. It should not be dilatory;
2. It must protect the accused;
3. There must be expeditiously disposal and trial should not go on in 41 states for the same offence.

He requested the Court to interpret the Code in such a manner so as to balance the rights of the accused and also give power to the Court and the State Government to resolve the issues.

The Bench asked the Solicitor for his comments because "this problem continuing for a very long time."

Justice Rao suggested to Mr. Sibal, the Osha ETS. proceedings in the United States of America, where multiple cases were filed before different Circuits, which were amalgamated by the Judicial Panel on Multidistrict Litigation and sent it to the 6th circuit. The Bench suggested adopting a similar approach in India. 

The is slated to be heard on Monday. 

Radhey Shyam v. State of Haryana