The Supreme Court on Wednesday asked the Centre to respond to a plea for making available funds for setting up video conferencing and witnesses examination rooms due to on-going pandemic, even as it took exception to the long pendency of cases against MPs and MLAs.
A bench presided over by Justice N V Ramana asked the Union government to file an affidavit within two weeks with regard to the availability of funds.
"Video conferencing rooms and witness examination rooms - funding is an issue. I am requesting the Centre to pay in the first instance to states and then adjust accordingly. Right now, for the last 10 months, we are in a pandemic which may continue for 10 more months," amicus curiae senior advocate Vijay Hansaria said.
The court was hearing a plea by BJP leader and advocate Ashwini Kumar Upadhyay for expediting the trials against former and present MPs/MLAs.
In his plea, Hansaria said that the judicial officers, who will be trying cases, must continue for a period of at least two years. He said the delay was due to prosecution not being present.
He said that state governments can appoint nodal prosecution officers for these special courts who will be responsible for proceedings such as summons etc.
He also added that the Kerala HC, in its report, said the police avoid arresting the MPs and MLAs.
"Criminal cases involving sitting legislators must be given priority as against former legislators, they are lawmakers. If they have murder cases pending against them, they shouldn't be making laws for us. This is in the public interest," he said.
The amicus curiae also pointed out that the Madras HC has objected to the order for setting up special courts for trial of MPs and MLAs.
"Now, we have travelled long years and a number of orders were passed. Except for the HC of Madras, no HC has raised an objection regarding the constitution of special courts. We'll deal with it after some time," Justice Ramana said.
The court also said that it will pass further orders for fast-tracking of cases, as it noted a case was pending in West Bengal since 1981.
Senior advocate Gopal Sankaranarayan, appearing for Upadhyay, said the stay granted in cases as per the recent order, must have ceased to be in operation after six months time.
The court also informed an additional court except the one in Bengaluru has been set up in Karnataka to take up cases against sitting and former lawmakers.
Deccan Herald is on WhatsApp Channels| Join now for Breaking News & Editor's Picks