Criminal Cases Against MPs/ MLAs: Manipur HC Directs Govt To Establish Two Special Courts; Seeks Monthly Status Reports [Read Order]

With an aim to enable "timely action" in criminal cases pending against sitting and former MPs and MLAs, the High Court of Manipur on Thursday directed the State Government to create two "exclusive Special Courts" at Imphal at the Sessions and Magisterial levels. The Bench of Chief Justice Ramalingam Sudhakar and Justice A. Bimol Singh directed the Government to set up: Special Court (MP/MLA) No.1, Manipur [Sessions Court to be manned by MJS Grade-I] & Special Court (MP/MLA) No.2, Manipur [Magisterial Court to be manned by MJS Grade-II] having jurisdiction over whole of Manipur. As a corollary, the State Government has been directed to create two cadre posts of Manipur Judicial Services: MJS Grade-I : 1 postMJS Grade-II : 1 post along with 2 posts of Special Public Prosecutor. "The Special Court where trial is going on, are directed to conduct the case on day-to-day basis. In any event, no adjournment beyond 7(seven) days should be granted and that too, for reasons to be recorded," the Bench said. It further added that if any authority is not co-operating in the day-to-day hearing of the case, the name and designation of the officer should be informed to the superior authority and to the Court also without fail. Inter alia, the Court directed the DGP, Director of Prosecution and the Director of FSL to ensure that the police authorities cooperate with the trial Courts on day-to-day proceedings of the Criminal cases, more particularly, the direction relating to production of accused, execution of non-bailable warrants, service of summons to witnesses, prioritization of FSL reports, etc. Further, the State Government shall ensure that they cooperate and take initiative in the establishment of "safe and secure witness examination room" and the provision for "Video Conferencing" in these Courts to aid and assist in the early and speedy conduct of the trials. These directions have come in a suo moto case registered by the High Court to ensure appropriate and timely action in relation to both pending FIRs and in case where charge-sheet has been filed against MPs/MLAs. This is incompliance with a recent direction issued by the Supreme Court in Ashwini Kumar Upadhyay & Ors. v. Union of India & Ors., which said: "these cases should be investigated without undue delay and wherever charge-sheet has not been filed, it should be filed in time and the Special Courts dealing with these cases should expedite the trial on priority basis and that there should not be any scope for delay." Criminal Cases Against MPs/MLAs : SC Asks HC Chief Justices To Submit Action Plan For Expeditious Disposal After this direction, the High Courts of Karnataka and Orissa swung into action. Following the lead, the Manipur High Court has also registered the suo moto case and appointed Senior Advocate Y. Nirmolchand Singh as the Amicus Curiae. The matter is now listed for compliance on October 15, 2020. Detailed Instructions To State Govt: State Government is directed to sanction funds for creating the infrastructure for the two proposed Special Courts, staff, etc. For the present till the two Special Courts mentioned at Sl. No.1 are created, the State Government is directed to designate the Courts of (i) Additional District & Sessions Judge (FTC), Manipur West and (ii) Chief Judicial Magistrate, Imphal East as Special Courts No.1 & No.2, Manipur respectively to deal with Criminal cases relating to sitting and former MPs/MLAs. The Special Courts should be empowered to conduct trials of cases relating to offences under Indian Penal Code as well as Special Acts also. State Government shall provide adequate facilities for video conferencing in the Special Courts for recording of evidence and for proper conduct of trial. To DGP: A Nodal Prosecution Officer not below the rank of Additional Superintendent of Police shall be designated to ensure production of accused persons before the respective Special Courts and execution of NBWs issued by the Courts. The Officer shall also be responsible for service of summons to the witnesses and their appearance and deposition in the courts. Any lapse on the part of the Nodal Prosecution Officer will make him/her liable to disciplinary proceedings apart from initiation of contempt of court proceedings. In the suo motu PIL, the Director General of Police shall designate a senior Police Officer of the rank not below Inspector General of Police who shall be present in the Court in each hearing to collect and provide requisite information to the Court as and when the case is listed for hearing. The Director General of Police, State of Manipur shall direct all Investigating Officers to complete the investigations in respect of criminal cases filed against former and sitting MPs/MLAs and submit reports under Section 173 CrPC without any further delay. To Director of...

Criminal Cases Against MPs/ MLAs: Manipur HC Directs Govt To Establish Two Special Courts; Seeks Monthly Status Reports [Read Order]

Akshita Saxena

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