38.6c New Delhi, India, Sunday, August 03, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Supreme Court tells HCs to register suo motu case; form special bench to monitor cases against MPs/MLAs

By LAWSTREET NEWS NETWORK      09 November, 2023 12:27 PM      0 Comments
Supreme Court tells HCs to register suo motu case form special bench to monitor cases against MPs MLAs

NEW DELHI: The Supreme Court on Thursday directed the High Courts to register a suo motu case for effective monitoring and expeditious disposal of criminal cases involving sitting and former MPs and MLAs, besides prioritising those matters punishable with death penalty and life imprisonment.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra passed a number of directions on a PIL filed by advocate Ashwini Kumar Upadhyay.

The court said that it would be difficult for it to lay down uniform guidelines for trial courts across the country to dispose of these cases, and left it on the high courts to evolve measures for effective monitoring of such cases.

"The high courts have been dealing with these issues on the judicial and administrative side and they are alive to the situation which exists in each of their district courts.... We deem it appropriate to leave it to the high courts to evolve such methods or apply such measures for effective monitoring of such cases, the bench said.

The bench said the chief justice of the high court shall register a suo moto case, regarding designated courts for MPs/MLAs, to monitor early disposal of criminal cases pending against the lawmakers.

The suo moto case will be heard by a special bench presided over by the chief justice or a bench assigned by him. The special bench hearing the suo moto case may list the matter at regular intervals.the high court may issue orders and directions necessary for expeditious or effective disposal of cases, the bench said.

The court also ordered that the special bench may consider calling upon the Advocate General or public prosecutor to assist the court and the high court may require the principal and district sessions judge to bear the responsibility of allocating cases to courts.

The designated courts should give priority first to criminal cases against MP/MLAs punishable with death or life imprisonment. Then, cases with five years or more. The chief justice may list cases in which order of stay of trial have been passed before the special bench to ensure that appropriate orders including vacation of stay orders are passed for commencement and conclusion of trial, the bench said.

The court disposed of Upadhyay's plea with regard to prayer for speedy disposal of cases against the lawmakers.

It, however, decided to consider on the next date another prayer by Upadhyay, questioning validity of a provision of the Representation of People Act for a lifetime ban, instead of six-year ban on convicted politicians including sitting lawmakers from contesting elections.

The court commended the assistance rendered by amicus curiae senior advocate Vijay Hansaria, and advocate Sneha Kalita and petitioner Upadhyay for taking up the matter on "mission mode".

Upadhyay said after the Supreme Court's interference, there are instances wherein persons facing criminal cases, declined to contest despite securing tickets from recognised political parties.



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS


TOP STORIES

sc-questions-justice-varma-over-failure-to-challenge-validity-of-in-house-inquiry-panel
Trending Judiciary
SC questions Justice Varma over failure to challenge validity of in-house inquiry panel

SC questions Justice Varma for not challenging in-house probe panel earlier despite cash haul case; asks why he joined inquiry if he found it flawed.

28 July, 2025 02:27 PM
timelines-for-governor-prez-to-clear-bills-kerala-asks-sc-to-return-presidential-reference-unanswered
Trending Executive
Timelines for Governor, Prez to clear Bills: Kerala asks SC to return presidential reference "unanswered"

Kerala urges SC to return Presidential reference on bill clearance timelines as “unmaintainable”, citing suppression of facts and settled SC rulings under Article 200.

28 July, 2025 02:38 PM
sc-refuses-to-stay-publication-of-draft-voters-list-in-bihar-on-aug-1
Trending Judiciary
SC refuses to stay publication of draft voters list in Bihar on Aug 1

SC declines stay on Bihar draft voter list; asks EC to consider Aadhaar, Voter ID for inclusion ahead of Assembly polls on August 1.

28 July, 2025 04:10 PM
why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email