38.6c New Delhi, India, Thursday, July 18, 2024

SC Directions Points towards Expediting All Cases involving (MPs/MLAs)- Delhi HC in MJ Akbar Criminal Defamation Case [READ ORDER]

By VANDANA KOTHARI      27 October, 2020 06:00 PM      0 Comments
 SC Directions Points towards Expediting All Cases involving (MPs/MLAs)- Delhi HC in MJ Akbar Criminal Defamation Case [READ ORDER]

The Delhi High Court recently denied transferring the criminal defamation case of MJ Akbar in another court. The matter came before the court when the Additional Chief Metropolitan Magistrate told both the parties of the case that it is no more competent to try the case. 

The ACMM said this because of the directions passed by the Supreme Court in Ashwini Upadhyay case in which it was stated that the special court for MP/MLA cases can only hear matters which are filed against the legislators and not by the legislators. 

While denying the transfer of case the court noted that the Supreme Court's directions in Ashwani Upadhyay case refer to expediting all cases involving legislators, and not just cases filed against them. 

Senior advocate and counsel for MJ Akbar, Ms. Geeta Luthra opposed the transfer of case and contended that Going by the underlying object of the said order of Honble Supreme Court i.e. to clear the names of the MP/MLAs involved in any criminal cases or in any accusations of moral turpitude, the said case also deserves a priority to be tried by a designated Court.

She further contended that even though the word used in the notification, is, with respect to cases pending against MP/MLAs, however, literal interpretation should not be given to the word against and it should be read involving or with respect to.

Courts Observation 

The District and Session Judge Sujata Kohli observed that there is a little difference between the SCs direction in the Ashwani case and the notification of Delhi High court. 

The difference is that the SCs direction includes the word involving and the Delhi HC notification includes that only that cases will be entertained that are against the legislators. 

The court for SCs direction said that, the emphasis is on the cases involving MP/MLAs and nowhere, it is the intent, that it is only the cases against the MP/MLAs which should be within the purview of the designated courts. 

The court on Delhi HCs notification said that Even though it is stated in the notification, the words against the MP/MLAs, however, if there is a contradiction between the notification and the main order of Honble Supreme Court pursuant to which the notification had been issued, it is needless to say that it is the order of the Honble Supreme Court which would be the guiding path and not the notification.

Further, the court said, Applying the settled legal principles above discussed in detail, to the order of Honble Supreme Court in Ashwani Kumar Upadhyay v. UOI and Anr. case, it is very clear that the underlying object appears to be that the names of the MP/MLAs involved in any criminal cases should be cleared away fast and the decisions should be rendered expeditiously, either way, so as to remove the blot/shadow against the name and reputation of an MP/MLA while he sits in Parliament/Assembly if it is clearable.

The court finally said, adopting a wider view of the notification and in the light of the order of Honble Supreme Court in Ashwani Kumar Upadhyay v. UOI and Anr (supra), and treating the case as involving the name and reputation of an MP, I am of the considered view that the matter should be tried and disposed of by the designated court itself.



Share this article:

Leave a feedback about this

Trending Know The Law
Zero FIR: Here’s all you need to know!

Understanding Zero FIR: Bharatiya Nyaya Sanhita Section 154 allows FIR at any police station. E-FIR under Section 173 ensures efficient crime reporting in India.

17 July, 2024 01:25 PM
Trending Judiciary
Judicial activist Ashwini Upadhyay asks SC to declare amendment to Preamble as unconstitutional

Judicial activist Ashwini Upadhyay petitions SC to declare the 42nd Amendment to the Preamble, which added "Socialist," "Secular," and "Integrity," as unconstitutional.

17 July, 2024 05:14 PM


Trending Judiciary
Bombay High Court denies interim relief in plea against 1 year Pan Masala Ban [Read Order]

Bombay High Court denies interim relief to petitioners challenging the 1-year ban on pan masala, citing arguable questions and ongoing similar cases.

12 July, 2024 10:00 AM
Trending Judiciary
SC Collegium recommends appointment of Chief Justices of eight High Courts [Read Order]

SC Collegium recommends appointments of Chief Justices for Delhi, Himachal Pradesh, J&K, Kerala, Madhya Pradesh, Madras, and Meghalaya High Courts.

12 July, 2024 10:55 AM
Trending Judiciary
SC orders interim bail for Kejriwal in ED case, refers issues on arrest to larger bench

SC grants interim bail to Kejriwal in ED case, refers arrest issues to larger bench; AAP leader remains in jail due to separate CBI arrest in liquor scam.

12 July, 2024 11:21 AM
Trending Judiciary
Hathras incident: SC refuses to consider PIL on inquiry, adequate compensation

Supreme Court declines PIL on Hathras stampede inquiry and compensation, directs petitioner to approach High Court for addressing the issue.

12 July, 2024 01:38 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email