Supreme Court directs High Courts to monitor expeditious trial of criminal cases against MPs, MLAs

supreme court
File photo: Supreme Court

November 9, 2023

The Supreme Court on Thursday asked 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 MPs and MLAs.

The apex court also asked special courts not to adjourn proceedings in such matters except “for rare and compelling reasons”.

“The learned Chief Justice of the High Court shall register a suo motu case titled as ‘In Re Designated Courts for MPs/MLAs’ to monitor early disposal of criminal cases pending against the members of parliament and the legislative assemblies,” said the three-judge bench headed by Chief Justice DY Chandrachud.

The bench said that multiple local factors made it difficult for the top court to “frame uniform or standard guideline for trial courts across the length and breadth of this country” and it left the issue of ensuring speedy trial to the high courts as they have the power of superintendence over the trial courts. “Under Article 227 of the Constitution, the high courts are entrusted with the power of superintendence over the subordinate judiciary. We deem it appropriate to leave it to the high courts to evolve such a method or apply such measures that they deem expedient for an effective monitoring of the subject cases,” the top court said.

“The high court may call upon the principal district and sessions judge to send reports at such intervals as it is considered expedient. The designated court shall give priority, one: to criminal cases against MPs and MLAs punishable with death or life imprisonment, then to the cases punishable with imprisonment for five years or more,” it said, adding that the special courts shall not adjourn the cases except “for rare and compelling reasons”.

Share with others