In a decisive move to expedite the judicial process, the Delhi High Court has issued comprehensive directives aimed at ensuring the swift disposal of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). This initiative, led by a Division Bench comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna, marks a significant step towards addressing the backlog of such cases in the designated courts.
The High Court has mandated that cases involving MPs and MLAs be listed at least once a week in the designated courts, emphasizing the importance of minimizing adjournments. Justice Manmohan and Justice Pushkarna have instructed that adjournments should only be granted in cases of extreme necessity. The Court stated,
“The cases in which orders of stay of trial have been passed and are continuing for a period of more than six months, are directed to be disposed of expeditiously by the concerned Benches of this Court. The Registrar General shall file a status report of the said cases before the next date of hearing.”
In instances where the examination or cross-examination of a witness extends beyond a day, the Court has instructed that the matter should, as far as possible, be listed on a day-to-day basis until the testimony of such witness is concluded. This approach is intended to prevent unnecessary delays in the judicial process.
The Court has also directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure a balanced distribution of criminal cases against MPs and MLAs among the designated courts. While doing so, the complexity of the cases and the number of accused persons or witnesses should be taken into account. The Court added,
“The Principal District and Sessions Judge, cum-Spl. Judge (P.C. Act) (CBI), Rouse Avenue Court Complex, Delhi and the Central Project Coordinator (CPC) of this Court shall also ensure that sufficient technological infrastructure is available to enable the designated Courts to adopt such technology as is expedient for effective and efficient functioning and file a report in this respect.”
Furthermore, the High Court has requested monthly progress reports from the designated courts. These reports should include a summary of the work done, the action plan formulated, steps taken for expeditious disposal, and specific reasons for any delays.
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For cases pending before the designated Sessions Courts, the Court has set a target of six months for their disposal. Additionally, the Court has instructed its Registrar (IT) to create an independent tab on the High Court’s website, providing detailed information about the cases, including the year of filing, number of cases pending, stage of proceedings, and other relevant details.
This initiative by the Delhi High Court is part of a suo motu case initiated in 2020, focusing on the expedited trial of cases against MPs and MLAs. The Supreme Court had previously directed special courts in September 2020 to prioritize criminal matters against MPs and MLAs in the case of Ashwini Kumar Upadhyay v Union of India.
In summary, the Delhi High Court’s directives represent a concerted effort to streamline the judicial process and ensure the timely resolution of cases involving political representatives. This move is expected to enhance the efficiency of the legal system and uphold the principles of justice and accountability.
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