By this order, we dispose of this Writ Petition as regards the first prayer after formulating certain guidelines for expeditious disposal of the subject cases. We, accordingly, direct that in relation to sitting MPs and MLAs who have charges framed against them for the offences which are specified in Sections 8(1), 8(2) and 8(3) of the RP Act, the trial shall be concluded as speedily and expeditiously as may be possible and in no case later than one year from the date of framing of charge(s). If for some extraordinary circumstances the court concerned is not being able to conclude the trial within one year from the date of framing of charge(s), such court would submit the report to the Chief Justice of the respective High Court indicating special reasons for not adhering to the above time- limit and delay in conclusion of the trial.
On 04.12.2018, the High Courts were directed to examine the matter and constitute as many sessions and magisterial courts within their jurisdiction as is considered proper and expedient. By the same order, it was also directed that the subject cases punishable with death/life against sitting and former MPs/MLAs should be taken up on a priority basis, followed by cases punishable with imprisonment up to 5 years or more. In order to have a comprehensive understanding of the subject cases, by an order dated 10.09.2020, this Court called for information about prosecution of MPs and MLAs under special legislations.
The State Governments will issue necessary notification in terms of the recommendation of the High Court within two weeks from the receipt of the recommendation. State Governments/UTs will appoint/designate at least two Special Public Prosecutors for prosecuting cases in the Special Courts in consultation with District and Sessions Judge in the concerned District. The Superintendent of Police of respective Districts shall be responsible to ensure production of accused persons before the respective courts on the dates fixed and the execution of NBWs issued by the Courts. This timeline is being fixed in view of the fact that such trials are expected to be concluded normally in one to two years.” In view of the law laid down in the aforesaid case, trial courts to proceed with the trial notwithstanding any stay granted by the High Court unless fresh order is passed extending the stay by recording reasons.
Each High Court shall register a Suo Moto case with the title “In Re: Special Courts for MPs/MLAs” to monitor the progress of cases pending in the State and ensure compliance of direction of this Hon’ble Court. With respect to increasing the number of Special Courts and rationalizing the pending criminal cases, we deem it appropriate that, before passing any specific direction in respect thereto, it would be appropriate to direct the learned Chief Justice of each High Court to formulate and submit an action plan for rationalization of the number of Special Courts necessary, with respect to the following aspects: a. The learned Chief Justices of the High Courts shall also designate a Special Bench, comprising themselves and their designate, in order to monitor the progress of these trials.
We further request the learned Chief Justices of all the High Courts to list forthwith all pending criminal cases involving sitting/former legislators (MPs and MLAs), particularly those wherein a stay has been granted, before an appropriate bench(es) comprising of the learned Chief Justice and/or their designates.
Present status on case pendency: A comprehensive picture of the pending subject cases in various courts spread across the States and Union Territories is made available to us. 2021 Cases as in November 2022 Total cases More than 5 years Case load per judge 1 2 3 4 5 6 7 1. Arunachal Pradesh 6 16 4 1 Between 1 to 4.
Case Title: ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA
Case Number: W.P.(C) No.-000699-000699 / 2016
