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Delhi HC: directs special courts to prioritise trial in a criminal case against MPs & MLAs
The Delhi High Court has recently directed the special courts in the city to accord priority to criminal cases against former and sitting Member of Parliaments (MPs) and Members of Legislative Assembly (MLAs) for their speedy disposal, in pursuance with the direction of Hon’ble Supreme Court. The new changes have come as a result of a suo moto petition registered under an order passed by the Supreme Court directing special courts to take up criminal matters against MPs and MLAs. And this order came in a PIL filed by lawyer and BJP leader Ashwini Kumar Upadhyay and the case was titled Ashwini Kumar v Union of India in which the apex court passed the same order. The court consisting of a division bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla considered a status report filed in March 2020 by the Registrar General of the High Court stating that four cases involving former and sitting MPS and MLAs were disposed of by special judges, while one case was disposed of by the Additional Chief Metropolitan Magistrate (ACMM).
“This may have been as a result of the restricted functioning of this court due to the COVID-19 pandemic. We, therefore, direct all the cases before a bench designated by the Acting Chief Justice on 27.04.2022 for further directions. The above-referred orders passed by the Supreme Court, and the present order be also brought to the notice of the bench. The bench is requested to list the matters for hearing. The bench may examine the aspect of continuation/modification of stay, and endeavour to dispose of the matters as expeditiously as possible in terms of the aforesaid orders of the Supreme Court.” The bench further directed the Additional Solicitor General of India (ASG) and standing Counsel (criminal), GNCTD, to be present on the dates of the hearing of the petition so that any direction issued by it (bench) is promptly executed by the state authorities. The court also directed to file a monthly status report comprising the full details related to the number of the pending cases against the MPs and MLAs to the Registrar General of the High Court. The bench at the end directed the Commissioner of Police, Delhi, to nominate an officer of the rank of Deputy Commissioner of the Police, who will act as the Nodal Officer and shall appear before the court on each date of hearing to furnish the requisite information, as and when required, of the cases pending against the sitting and the former Member of Parliament (MPs) and Member of Legislative Assembly (MLAs).
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