Punjab and Haryana HC Seeks Details Of Cases Against MPs, MLAs From Trial Courts

A division bench consisting of Justice Rajan Gupta and Justice Karamjit Singh of the Punjab and Haryana High Court took cognizance of cases pending against MPs, MLAs. The bench has directed all the District and Sessions Judges to send information regarding pending cases against MLAs, MPs in CWP No. (PIL)-29-2021 titled Court on its own motion versus State of Punjab with clear intent to fast-track cases involving sitting and erstwhile MPs and legislators of Punjab, Haryana and Chandigarh by not only seeking details of pending matters, but also issuing directions for their expeditious disposal.

A writ petition was filed before the Supreme Court by one person to reduce criminalization of politics and to rationalize criminal prosecution of elected representatives. The petitioner urged the Supreme Court to issue direction to provide adequate infrastructure to setup Special Courts to decide criminal cases related to people representatives. The petitioner also requested for issuance of directions for implementation of "Important Electoral Reforms" proposed by Election Commission, law commission and national commission to review the working of the constitution and to set minimum qualification and maximum age limit for such people representatives.

When the matter came up for hearing before the Supreme Court the Court directed all the High Courts to furnish requisite information regarding all the cases (criminal) pending against legislators (sitting or former). Accordingly, the Division Bench of Punjab and Haryana High Court passed the following order:

"In spirit of the order passed by Hon'ble Supreme court titled as Ashwani Kumar Upadhyay Vs. Union of India & Anr. (supra), an Officer of the rank of Inspector General of Police shall be present on the next date of hearing to furnish the requisite information of all the cases pending against the MPs/MLAs (sitting or erstwhile) in the States of Punjab, Haryana & U.T. Chandigarh. Similar direction is issued to District Judges of Punjab, Haryana & U.T. Chandigarh to furnish details of such cases and to ensure their speedy disposal thereof. They shall also send a report regarding the stage of such trials

At this stage, Mr. Khosla, learned amicus curiae points out that information may also be required from the Union of India, Central Bureau of Investigation, E.D. and other Central Investigating Agencies as the operative part of the order specifically mentions that trial of all the criminal cases instituted by the State(s) have to be monitored. As we have requested information from all the Sessions Judges in the three States, we expect that information as suggested by Mr. Khosla would also be furnished.

Registry to examine the possibility of listing the matter on a date this court is sitting for physical hearing. Learned counsel shall be notified of such date in advance."

The bench has also sought information regarding cases pending with CBI, the Enforcement Directorate and other Central Agencies. Registry has also been directed to submit list of pending cases and see possibility of listing the matter for physical hearing.

Click here to read/download the order