‘Decide cases against legislators within a year’: Amicus report to SC

By: Express News Service | New Delhi |

September 17, 2020 8:30:10 am





Supreme Court, Supreme Court on cases against legislators, Supreme Court cases against legislators, India news, Indian ExpressIn November 2017, the SC had in the PIL filed by Advocate Ashwani Upadhyay, ordered the setting up of Special Courts in each state to try the pending criminal cases against legislators.

The Supreme Court Wednesday reserved its order on recommendations made by the Amicus Curiae for expediting trial in cases against sitting and former legislators with the centre stating that the cases must reach their logical conclusion within a timeframe.

A bench of Justices N V Ramana, Surya Kant, and Hrishikesh Roy said it will pass orders on the suggestions given by Amicus Curiae Senior Advocate Vijay Hansaria.

Appearing for the centre, Solicitor General Tushar Mehta backed the recommendations and said “whatever directions may come from the Supreme Court, the Union of India will welcome them”.

The Amicus in his report had stated that many of the cases are pending because of stay granted by High Courts.

On this, the SG said the SC may direct they decided in a time-bound manner.

Hansaria has urged the court to ask High Courts to ensure these cases are disposed of in one year time.

“The High Courts may be directed to prepare a blueprint for expeditious disposal of the cases not later than one year for the conclusion of a trial. Chief Justice of each High Court may be personally requested to look into the matter and submit an action plan within such time as this Court may deem fit”, the report said.

It also added that there was no uniformity as to the setting up of Special Courts for trying cases against MPs/MLAs throughout the country.

The Amicus had earlier told the court that are 4442 cases pending against Members of Parliament and Members of Legislative Assemblies in Courts across the country including 2556 against sitting people’s representatives, according to data furnished by the different High Courts to the Supreme Court.

In November 2017, the SC had in the PIL filed by Advocate Ashwani Upadhyay, ordered the setting up of Special Courts in each state to try the pending criminal cases against legislators. Accordingly, 12 such courts were set up across the country.

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