The Delhi High Court has instructed its judges to prioritize the hearing of all criminal cases, appeals, and revisions involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs). This directive aims to ensure swift and efficient resolution of these matters.
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NEW DELHI: The Delhi High Court, asked its judges to accord priority in the adjudication of criminal cases, appeals, and revisions involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs). This directive aims to ensure expeditious and effective resolution of such matters, thereby addressing concerns regarding the timely disposal of cases against elected representatives.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora underscored the importance of expediting the legal process for these cases. The bench further directed the court registry to re-allocate or re-distribute cases pending before a single judge of the Court where stay orders on trial proceedings have persisted for over six months.
Highlighting the urgency of the matter, the Court noted,
“The Registry has informed us that there are currently thirty-four (34) pending cases/appeals/revisions involving MP’s and MLA’s, before the Single Bench of this Court in which orders of stay of trial have been passed and are continuing for a period of more than six months. 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.”
Furthermore, the Court instructed the registry to disseminate the judgment to other judges of the High Court. Quoting the directive issued in a previous case, the Court emphasized,
“In line with the directives passed by Hon’ble the Chief Justice of India in WP(C) No 699 of 2016 titled as Ashwini Kumar Upadhyay vs. Union of India & Anr, we direct the Registry of this Court to circulate this order to brother and sister judges assigned with such cases so that priority is given to all criminal cases/appeals/revisions pending before them against the members of Parliament and Legislative Assemblies, as it is essential for expeditious and effective disposal of such cases.”
The division bench issued this order in the context of a suo motu public interest litigation (PIL) aimed at monitoring cases pending against MPs and MLAs in both trial courts and the High Court. Notably, the High Court registry informed the Bench that there are presently 34 pending cases/appeals/revisions involving MPs and MLAs before a single judge of the Delhi High Court, wherein stay orders on trial proceedings have exceeded six months.
In addition to prioritizing cases within the High Court, the bench addressed the approach to be taken by district courts. The High Court directed special MP/MLA courts to accord priority to cases against legislators punishable by death or life imprisonment, followed by those punishable with imprisonment for five years or more, before hearing other cases.
The Court’s directive concluded with an appeal to all judges to avoid adjourning these cases except under rare and compelling circumstances.
The matter is scheduled for further hearing on May 20.
CASE TITLE:
In Re: Designated Courts for MPs/MLAs v Union of India & Ors.
Click Here to Read Previous Reports of MPs/MLAs
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