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Supreme Court To Hear Application Seeking Directions to Expedite Adjudication Of Cases Against MLAs/MPs Tomorrow

Radhika Roy
3 Nov 2020 3:50 PM GMT
Supreme Court To Hear Application Seeking Directions to Expedite Adjudication Of Cases Against MLAs/MPs Tomorrow
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The Supreme Court will hear tomorrow an Application seeking directions to expedite the adjudication of case pending against Members of Legislative Assembly (MLAs) and Members of Parliament (MPs). Filed by Advocate Ashwini Kumar Upadhyay, the Application states that the writ petition was filed with the "object to set up Special Courts to try criminal cases of MPs and MLAs and for...

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The Supreme Court will hear tomorrow an Application seeking directions to expedite the adjudication of case pending against Members of Legislative Assembly (MLAs) and Members of Parliament (MPs). 

Filed by Advocate Ashwini Kumar Upadhyay, the Application states that the writ petition was filed with the "object to set up Special Courts to try criminal cases of MPs and MLAs and for utmost expeditious disposal of those cases".

It is alleged that despite the Court having consistently passed orders for setting up of fast track courts for speedy disposal of cases against MPs and MLAs, "political persons are leaving no stone unturned to defeat the purpose" and that the "State has failed to prioritise the issue of speedy disposal of cases against MPs or MLAs".

The Application submits that on 1.11.2017, the Apex Court had directed the Central Government to lay down a scheme for setting up of these fast-track courts. In pursuance of this Order, a scheme was proposed to set up 12 fast-track courts and the same was approved by the Supreme Court on 14.12.2017.

State Governments in consultation with respective High Courts were also directed to set up these courts and the High Courts were granted power to trace the case records of Trial Courts and transfer them to the respective Special Court.

It is alleged in the Application that the State of Tamil Nadu has always adopted an approach to frustrate the orders of the Court. On filing an IA to direct the Madras High Court to transfer these cases, the Supreme Court granted the prayer of the Petitioner.

However, instead of establishing fast-track courts, the State of Tamil Nadu has constituted two Special Courts in the cadre of Special Judge and one additional Special Court in the cadre of Assistant Session Judge for Chennai District.

"In addition to these Special Courts the Government has also designated Principle District and Session Court in every Session Division in the State of Tamil Nadu for the trial of session cases and cases under Special Acts involving elected MPs and MLAs. Besides this, the Government has also designated a Judicial Magistrate Court for each District in Tamil Nadu for the trial of magisterial cases involving elected MPs and MLAs. These Courts are dealing with other matters as well. It is frustrating the directions of this Hon'ble Court as the cases of MPs and MLAs are treated like other cases and no effective hearing is done."

The Application has also highlighted the fact that in many cases, the MPs and MLAs approach the High Courts or the Supreme Court to get a stay on their matters. Many cases are also delayed due to lack of appearance of the accused on the date of hearing.

In light of the above, the Application prays for directions to the Registrar General of the Madras High Court to ensure judges are appointed to Special Courts, monitor the day-to-day progress of cases pending before Special Courts, dispose of revisions and appeals preferred by accused on expedited basis and to ensure that all cases involving MPs and MLAs are transferred to Special Courts.

Directions to State of Tamil Nadu are also sought for in order to establish exclusive Special Courts in every district, exclusively for trial of cases involving MPs and MLAs. Therefore, it is prayed that an order or a direction to adjudicate these cases within one year is passed.

Click Here To Download Application

[Read Application]



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