'It's Easy To Say Expedite Trials; But Where Are The Judges?' Supreme Court On Plea For Faster Trial Of Cases Against MPs/MLAs

During the course of hearing of case related to trial of cases against MPs/MLAs, the Supreme Court made multiple observations regarding scarcity of Judges and lack of infrastructure in Courts and investigation agencies across the country.

"It is easy for us to say expedite trial and all... but where are the judges?" CJI said.

"We are also overburdened, same way the Judges and Courts. There are 1000 cases in one CBI court! How do you expect the thing will take place. That's why we said that rationalisation of courts should take place." CJI added.

Centre provided Rs 110.98 Crores for VC facilities : SG

The SG said this in response to the observations of the bench regarding lack of infrastructure provided for courts to hear cases.  

" We are all in hands of Mr Mehta, as and when he provides sufficient the infrastructure we will hear all these matters...Mr Mehta I hope you heard us. The infrastructure you've to provide immediately so we can hear matters on regular basis." CJI added

After SG informed the Court about the funds provided the Government, the CJI thanked SG for providing the money.

"Thank you for providing the money", the  CJI said.

"It is our constitutional obligation", the Solicitor General responded.

The CJI further stated that there are some issues with respect to High Courts regarding utilization of funds for VC systems and added that the Supreme Court E-committee will give instructions to take care of the issue.

CJI Ramana said " Brother Justice Chandrachud is the Chairman of E- committee. We are discussing that issue. There are some problems on part of our brothers in the High Courts also. The reason is in spending money they are a little cautious, particularly Judges, they measure each paisa and rupee. Sometimes, it causes delay. We'll give proper instructions to our e-committee to take care of the issue".

Scarcity Of Judges & Lack Of Infrastructure

In response to the submission made by Amicus Curiae Senior Advocate Vijay Hansaria that mandatory judicial orders are required for each of these cases, the Bench said that the scarcity of Judges and infrastructure are two problems being faced by all Courts.

"Every place the problem is scarcity of Judges, and infrastructure. We just revived after 2 years of almost closing of judiciary system. MPs MLAs cases, even though we are now giving priority, there are priority cases also and we can't ignore that. We are slowly coming back on track, we will ask High Courts to see some special courts are create and number of cases before courts are rationalised. "

Need for a Rationalisation Policy

In relation to investigation and trial of cases against MPs and MLAs, the Bench emphasised the need for a rationalisation policy and opined that the same would benefit society as a whole.

"There are some cases where special courts have to be created. We requested govt of India to provide some special courts I think they are not in position to do that. Infrastructure is another issue. That is why I requested my other two brother judges to work out something to go regularly to monitor these cases. Its good for society as a whole, as some accused unnecessarily come to courts for years and at times justice is not done, everyone will be benefitted of this rationalisation policy." the Bench said.

The Bench also acknowledged the issue of lack of manpower in the Investigation Agencies like ED and CBI.

"Just like us, investigating agencies are also suffering from lack of staff, infrastructure, manpower; this is a real issue. In addition to this, small case or big case everyone wants a CBI Investigation."

The Bench asked SG Mehta to look into this aspect and respond. The Court also suggested SG to take information regarding additional manpower required from CBI and ED Directors.

"I will have a joint meeting with directors ED, CBI and the lacuna in number in terms of statistics can be infused," SG said.

Case Title: Ashwini Kumar Upadhyay & Ors. v. Union of India & Ors.

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