New Delhi: The Supreme Court on Friday agreed to hear after April 15 a PIL seeking speedy trial of criminal cases against MPs and speedy investigation by the CBI and other agencies. Senior advocate and amicus curiae Vijay Hansaria urged a bench headed by Chief Justice NV Ramana that the petition needs to be listed for urgent hearing as despite various directions of the apex court on speedy trial of politicians, around 2000 cases are pending for trial. are pending for hearing. last five years.
Initially, Hansaria sought an immediate interim order saying that the pending 16th report of the trial against the MPs in the country has been filed and according to it, several criminal cases are pending in the lower courts. Outside they can wait years. There is no problem. When it comes to the Supreme Court and you enter the Supreme Court, it (the matter) will become very urgent, said the bench, also comprising Justices Krishna Murari and Hema Kohli.
This is a Public Interest Litigation (PIL). We have passed some orders. Now it is happening. Please wait some time. The problem is that the judges have to be available… If I constitute a special bench for this matter, I will disturb the two benches. Can I disturb two benches on Friday? CJI said. The CJI agreed to hear the petition after April 15, after being urged by an amicus curiae with the help of advocate Sneha Kalita.
In the meantime, it may allow some interim applications of certain High Courts, seeking transfer of certain special judges hearing against MPs on various grounds, the bench said. Earlier, the bench had agreed to consider listing the PIL for early hearing on February 9. Hansaria had said that a fresh report detailing pending cases against sitting and former MPs, MLAs and MLCs has been filed in the court and urgent, stringent steps are required for speedy disposal of pending criminal cases.
As per the recent report, a total of 4,984 cases are pending against Members of Parliament and Members of Legislative Assembly/Council, out of which 1,899 cases are more than five years old. The report said the total number of pending cases as of December 2018 was 4,110; And as of October 2020 it was 4,859. The cases against MPs/MLAs have increased from 4,122 to 4,984 even after disposal of 2,775 cases after December 4, 2018. This shows that more and more people with criminal background are occupying seats in Parliament and State Legislatures.
The report, filed through advocate Kalita, said there is an urgent need to take urgent and stringent steps for speedy disposal of pending criminal cases. The apex court has been passing several directions from time to time on petitions filed by advocate Ashwini Upadhyay to ensure speedy trial of cases against MPs and speedy investigation by CBI and other agencies.
Hansaria had said that the status reports filed by the high courts also show that special courts have been constituted in some states, while in others, the courts of the respective jurisdictions are conducting trials as per the directions passed from time to time. Huh. On November 24 last year, the top court had asked the Allahabad High Court to issue a fresh notification to set up special magistrate courts to try minor offenses involving MPs and to set up sessions or magistrate courts depending on the gravity of the offences. Ensure allocation of cases. The non-establishment of such courts in Uttar Pradesh was based on a clear misinterpretation of its orders.
The top court had objected to the non-establishment of special magistrate courts in Uttar Pradesh to try MPs in minor offenses and said the notification issued by the high court on August 16, 2019, was based on a clear misinterpretation of its directions. The order came on petitions raising a legal question whether minor offenses triable by magisterial courts against MPs can be tried before a special court headed by a sessions judge who is senior to a judicial magistrate.