Can Special NIA Court Designated As MP/MLA Court Hear Cases Against Other Accused ? Delhi High Court Seeks Clarification From Supreme Court

The Delhi High Court has approached the Supreme Court seeking clarification in the 2017 directions by the Supreme Court for setting up Special Courts for the trials of Members of Parliament/Members of the Legislative Assembly (MPs/MLAs).The application filed through the Registrar General of Delhi High Court seeks clarification on "Whether the Special Court constituted under the National Investigation Agency Act, 2008 , if designated as a Special MP/MLA Court, would be restricted to adjudicate only those cases involving MPs/MLAs under the said Statute or whether it can concurrently exercise its jurisdiction over other offenders as per its existing statutory mandate and can decide those cases parallelly with the cases having MP/MLA as an accused." On November 1, 2017, the bench of Justices Ranjan Gogoi and Navin Sinha directed the Centre to frame a scheme for setting up special courts exclusively to deal with criminal cases involving political persons along the lines of the Fast Track Courts (FTCs). The FTCs were set up by the Central Government for a period of five years and extended further. The FTCs have now been discontinued.Subsequently, on December 14, 2017, the bench directed a proportionate allotment of Rupees 7.80 crore from the Central Government to various State Governments, in consultation with High Courts, for setting up 12 Special Courts across the countryThe bench issued the directions while hearing the public interest litigation (PIL) petition filed by Ashwini Kumar Upadhyay, seeking life-long disqualification of MPs, and MLAs, who have been convicted of criminal offences. The petitioner has also challenged the provisions of the Representation of Peoples Act, which bars convicted politicians from contesting elections for six years after serving the jail term.The main prayer of the application states : "Clarify that the High Court may authorise the trial of MPs/MLAs (including Ex- MPs/MLAs) who are facing trial of the scheduled offences as prescribed in the Special Acts like NIA Act by the Special Court designated/constituted under Section 11 of the NIA Act instead of by the Special Courts created for the trial of MPs/MLAs and thereby enabling the High Court to issue necessary notification/office order in this regard" In November 2023, a bench of then Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra issued a slew of directions to monitor the early disposal of pending criminal cases against Members of Parliament and Members of Legislative Assemblies.Case Details : Ashwini Kumar Upadhyay v. UOI W.P.(C) No. 699/2016

Can Special NIA Court Designated As MP/MLA Court Hear Cases Against Other Accused ? Delhi High Court Seeks Clarification From Supreme Court

Anmol Kaur Bawa

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