Set Up Special Bench To Monitor Criminal Trials Against MPs, MLAs: Supreme Court Tells HCs

The Supreme Court on Thursday asked the High Courts in the country to set up special bench to monitor criminal cases against lawmakers.

The Supreme Court on Thursday asked the High Courts in the country to set up special bench to monitor criminal cases against lawmakers. The top court directed all the high courts to register suo motu case to monitor early disposal of criminal matters pending against lawmakers, adding that bench hearing such matters should be headed by the Chief Justice herself, reported PTI. 

The apex court, however, said that it would be difficult to give uniform guidelines for trial courts for speedy disposal of cases against MPs and MLAs. 

A bench of Chief Justice of India DY Chandrachud with Justices PS Narasimha and Manoj Misra stated that the high courts may call upon special lower courts for reports on status of trials against lawmakers in criminal cases, the top court noted. 

The apex court also directed that the trial courts shall not adjourn hearing of such cases except for rare and compelling reasons. 

The top court also asked the district judges to ensure that sufficient infrastructure, technological facility are in place  for designated special courts trying lawmakers. 

The cases against MPs/MLAs which are punishable by death should be prioritised over other cases, the bench noted further. 

Calling it a "historic judgment", petitioner, Ashwini Kumar Upadhyay said: "The Supreme Court judgment has come with regard to our first prayer. The court has directed all the high courts to constitute a special bench to monitor cases of MPs, MLAs and ensure that these cases are decided within a year," says Ashwini Upadhyay, advocate and petitioner on Supreme Court issuing a slew of directions to monitor the early disposal of pending criminal cases against MPs and MLAs."

The Thursday judgment by the Supreme Court came on a plea sought a lifetime ban on convicted politicians including sitting lawmakers from contesting elections as opposed to the current six-year ban, among other things. 

Final decision on the plea is yet to be made by the Court which has only passed directions on expeditious disposal of cases. The prayer for lifetime ban would be considered later, according to Bar and Bench. 

The petitioner also sought deletion of the six-year ban under Section 8(3) of the Representation of People Act, 1951 (RP Act) and substitution of the same with a lifetime ban.