Recently, the Amicus Curiae appointed by Supreme Court in relation the issue had submitted a report before the top court as per which a total of 4,984 criminal cases against former and sitting MPs and MLAs are awaiting trial before various sessions and magistrate courts across the country.
1,899 of such pending cases are more than five years old while 1,475 such cases have been pending for a period between two and five years, the report further revealed.
The data was furnished in a 2016 petition filed by lawyer and BJP leader Ashwini Kumar Upadhyay seeking the establishment of special courts to try criminal cases against law makers. The plea also prayed for debarment of convicted persons from the legislature and the executive.
The Supreme Court has been passing orders to High Courts from time to time in that case.
The present step by Bombay High Court Chief Justice is also pursuant to one such order.
The apex court had given the following directions to Chief Justices of High Courts, to be complied with:
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Formulate and submit an action plan for rationalisation of the number of Special Courts (trial courts hearing matters pertaining to legislators) necessary. This data is to include:
– total number of pending cases in each district,
– required number of proportionate special courts,
– number of courts available,
– tenure of judges,
– number of cases assigned to each judge,
– expected time for disposal of cases.
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The Chief Justices were asked to consider whether the pending trials were required to be transferred to some different Court.
Source: Barandbench
