Supreme Court Directs High Courts to Expedite Cases Against Lawmakers, Issues Guidelines

The Supreme Court issued a set of directives on Thursday aimed at expediting the resolution of criminal cases against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs). Acknowledging the challenges in establishing uniform guidelines for trial courts nationwide, the apex court delegated the task to individual High Courts, empowering them to formulate measures for the effective monitoring and swift disposal of such cases.

The bench, comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, mandated that Chief Justices of High Courts initiate a Suo Motu case titled “In Re Designated Courts for MPs and MLAs” to oversee the expeditious resolution of pending criminal cases involving lawmakers. This special bench, headed by the Chief Justice or an assigned judge, will be responsible for regular hearings and the issuance of necessary orders to facilitate speedy disposal.

The Supreme Court emphasized the prioritization of cases against MPs and MLAs, particularly those punishable by death, followed by cases carrying a sentence of five years or more. It further instructed trial courts not to adjourn cases except for rare and compelling reasons. Additionally, the High Courts were granted the authority to engage the assistance of the Advocate General or a prosecutor in expediting the legal proceedings.

To ensure efficient case allocation, the High Courts may task a Principal District and Sessions judge with the responsibility of distributing cases to designated courts. The Principal District and Sessions judge must provide regular reports to the High Court on the progress of cases, ensuring infrastructure availability for streamlined trials.

These directives stem from a Public Interest Litigation (PIL) filed by advocate Ashwini Upadhyay, seeking the prompt adjudication of criminal cases involving MPs and MLAs. Earlier, the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) submitted reports indicating the involvement of numerous lawmakers in cases under the Prevention of Money Laundering Act (PMLA) and other offenses. The Supreme Court’s intervention aims to address the backlog of such cases and foster a more expeditious legal process.