Ahead of LS polls, SC directs HCs to monitor expeditious trial of criminal cases against MPs, MLAs

SC directs Chief Justices of High Courts to form Special Bench to monitor criminal trials of MPs/MLAs, ensure speedy disposal. High Courts to register suo motu cases, provide district-wise details of criminal cases on official website, hear cases with stay orders and pass appropriate orders

The Supreme Court on Thursday (November 9) gave Chief Justices of High Courts the responsibility to form a Special Bench each in their High Courts to maintain a constant vigil over the criminal trials of Members of Parliament and Legislative Assemblies, some of them accused of crimes punishable with death or life imprisonment, and ensure they reach the finish line.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud, months ahead of the General Elections in 2024, spurred the State High Courts into action to prevent criminals from donning the mantle of lawmakers in the country.

Amicus curiae Vijay Hansaria and advocate Ashwini Upadhyay, the petitioner, said 40% of the MPs and MLAs have criminal antecedents.

Delivering the verdict, Chief Justice Chandrachud said the High Courts were best suited for the role of monitoring the trials as they already had the power of superintendence over their respective district judiciary under Article 227 of the Constitution and could easily monitor the status of each case.

The Supreme Court directed the Chief Justices of High Courts to register suo motu cases in their respective jurisdictions titled ‘In re: Designated courts for MPs and MLAs’ to monitor the early disposal of criminal cases pending against the Members of the Parliament and the State Legislative Assemblies.

The Special Bench of each High Court may either be headed by the Chief Justice or comprise judges assigned by the Chief Justice.

The High Courts should give Principal District Judges responsibility to allocate the cases to special designated courts for effective disposal of the pending criminal cases.