Cases against MPs, MLAs be allocated to one judicial officer in each district, SC told

The Supreme Court was on Tuesday asked to issue directions to the High Courts to allocate cases pending against sitting and former MPs and MLAs, to one judicial officer in each district.

The High Courts may be directed to prepare a blueprint for expeditious disposal of the cases, not later than one year for conclusion of trial, senior advocate Vijay Hansaria, acting as amicus curiae, suggested to the court.

After analysing data received from various High Courts across the country, he pointed out there is no uniformity as to the setting up of Special Courts for MPs or MLAs throughout the country.

In the states of Andhra Pradesh, Karnataka, Madhya Pradesh, Telangana and West Bengal, there is one Special Court for all cases against MPs or MLAs. In the state of Telangana apart from Special Court for MPs or MLAs, cases are also pending before Special Court, CBI. In all other states, these cases are pending in respective jurisdictional courts.

In a note prepared by him, along with advocate Sneha Kalita, he said the High Court should consider mechanism for expeditious trial of criminal cases against MPs and MLAs under special statutes namely the Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Protection of Children from Sexual Offences Act, 2012, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Companies Act, 2013, Negotiable Instrument Act, 1881 etc.

The note was submitted in court in a PIL filed by BJP leader and advocate Ashwini Kumar Upadhyay. The court is to take up the matter on Wednesday.

Among other suggestions, Hansaria said the special court sets up to try MPs and MLAs should give priority to cases of offences punishable with life imprisonment or death penalty, involving the sitting legislators.

He also each High Court may adopt “Rules for Video Conferencing for Courts” framed by the Karnataka High Court wherein such a facility can be used at any stage of trial.

In Karnataka, one Special Court had been set at Bengaluru to deal with cases against MPs and MLAs.

There are 164 cases pending with regard to offences committed in 23 different districts in the state.