The Allahabad High Court in the case In Re Designated Courts For Mps/Mlas vs. State of U.P observed and has registered the suo moto case, in compliance with the recent direction of Supreme Court’s in order to expedite the disposal of criminal cases pending against the Members of Parliament and Legislative Assemblies across the state.
The Supreme Court in its order dated November 09, 2023, wherein it is directed to the High Court Chief Justices to register the ‘In Re Designated Courts for MPs/MLAs’ to monitor early disposal of pending criminal cases against MPs/MLAs.
The bench comprising of Acting Chief Justice Manoj Kumar Gupta and Justice Samit Gopal while complying with the order of the Supreme Court. The bench issued the following directions to the special courts in the state:
1. The Advocate General or the Government Advocate will assist the Court in the instant matter.
2. The court is informed that there are separate courts, both at Sessions level and at the level of Magistrate, which deals with criminal cases, exclusively against MPs and MLAs. The special courts will send reports at intervals of one month regarding (i) the progress of the cases pending before them; (ii) the case in which proceedings are lying stayed and details of the cases in which proceedings were stayed.
3. The special courts dealing with such kind of cases shall give priority (i) first to criminal cases against MPs and MLAs which is punishable with death or life imprisonment then to (ii) cases punishable with imprisonment for five years or more, and then hear (iii) other cases.
4. The special courts shall not adjourn the cases except for rare and the compelling reasons.
5. The Principal District and Sessions Judge shall ensure sufficient infrastructure facility for the special courts and also enable it to adopt such technology as is being expedient for effective functioning. In the said regard, if any approval is required from this Court, the same be obtained on the administrative side.
6. If any appeal or revision is pending before the Sessions court against any order of the Magistrate who has tried the case, the details of such cases shall also be included in the monthly return and the same shall also be displayed on the website of this Court.
7. The Sessions courts where such appeals or revisions are pending and it will ensure that the same are decided expeditiously.
Further, it has been directed by the court that the Registrar General to issue directions to the concerned officer of the Registry for ensuring that the cases in which a trial is stayed are listed immediately before the appropriate Bench for extension or vacation of the stay orders.
Therefore, the Registrar General has also been asked in order to ensure that an independent tab on the website of this Court is activated so that district-wise information about the details of the year of filing, the number of subject cases pending and stage of proceedings is clearly reflected.
The court in its order stated to issue necessary directions be issued on the administrative side to the special courts that the aforesaid information shall also have to be updated on a monthly basis.
Accordingly, the court listed the matter for further consideration on January 04, 2024.
