NEW DELHI: The Supreme Court on Thursday issued a batch of directions to high courts across the country to monitor the speedy disposal of criminal cases pending against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).
In its directions, a bench led by Chief Justic DY Chandrachud asked the high courts to create a 'special bench' to monitor and take 'suo motu' proceedings of criminal cases against lawmakers.
The cases may be heard by a special bench led by the Chief Justice or a bench assigned by him.
The bench also comprising Justices JB Pardiwala and Manoj Misra said it is difficult for the apex court to lay down uniform guidelines across the states while giving a slew of general directions to the high courts and leaving it to the monitoring of such pending cases.
The designated court shall give priority to criminal cases against MPs/MLAs punishable with death or life imprisonment and cases punishable with imprisonment for five years or more or other cases while the trial court shall not adjourn the cases except for rare and compelling reasons, the top court directed.
It further said the Special Bench hearing the suo motu case may list the matter at regular intervals as felt necessary. The High Court may issue such orders and directions as necessary for expeditious and effective disposal of the cases. The Special Bench may consider calling upon the Advocate General or Prosecutor to assist the court, it was added.
The High Court may require a Principal District & Sessions Judge to bear the responsibility of allocating the subject cases to such court(s). The HC may call upon the Principal District & Sessions Judge to send reports on such intervals, another direction said.
It was directed that the Chief Justice may list the cases where stay of the trial has been passed before the special bench to ensure that appropriate orders, including vacation of the stay order, are passed to ensure the commencement of the trial.
The Principal District & Sessions Judge shall ensure sufficient infrastructure facilities for the designated court and also enable it to adopt such technology as expedient for effective functioning, the apex court said.
The High Court shall create an independent tab on the website providing district-wise information about the details of year of the filing, number of subject cases pending and the stage of proceedings, it said.
While monitoring the subject cases, the special bench may pass such orders or directions as are necessary for expeditious disposal, clarified the court while disposing of one of the prayers in a Public Interest Litigation (PIL) filed by BJP leader and advocate Ashwini Upadhyay.