NEW DELHI: The Supreme Court on Thursday directed high courts to set up a special bench to monitor cases against lawmakers for their speedy disposal, saying they have a direct bearing on our political democracy.
It issued a slew of directions to high courts, district judges and special courts hearing matters related to lawmakers since the pendency rates of those cases is unacceptably high. The court directed that criminal cases against members of Parliament, legislative assemblies and legislative councils be given priority and that their trials be not adjourned except for rare and compelling reasons.
As many as 5,175 cases against MPs and MLAs were pending in India as of November, 2022. Of them, 2,116 (42%) were pending for more than five years. “These cases have a direct bearing on our political democracy. Hence, there is a compelling need to make every effort to ensure that these cases are taken up on priority and decided expeditiously, the bench said.
Each high court chief justice was directed to register a suo motu case to monitor early disposal of criminal cases against the lawmakers. The bench said multiple local factors restricted it from framing uniform guidelines for trial courts across the country. It, however, left the responsibility of speedy trial to the high courts. Special courts hearing these cases shall not adjourn them except “for rare and compelling reasons”, it said. High courts can seek regular updates on the cases from the principal district and sessions judge.
The pecking order
Setting out the pecking order, the bench said, criminal cases punishable with death or life term would take top priority, followed by cases punishable with imprisonment for five years or more