Prayagraj, Nov 26 The Allahabad High Court has directed the special court (MP/MLA) dealing with criminal cases against MPs/MLAs, not to adjourn the hearing in such cases except for “rare and compelling reasons”.
The directions were passed to address the pendency of criminal cases involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) in the state.
Acting Chief Justice Manoj Kumar Gupta and Justice Samit Gopal passed the order in a suo moto PIL titled ‘In Re Designated Courts for MPs/MLAs’.
The court directed that special courts would send monthly reports regarding progress of the MP/MLA cases pending before them and details of the cases in which proceedings were stayed.
“If any appeal or revision is pending before the sessions court against any order of the magistrate who has tried the case, the details of such cases shall also be included in the monthly return and shall also be displayed on the website of this court,” observed the bench.
“The special courts dealing with such cases shall give priority (i) first to criminal cases against MPs and MLAs punishable with death or life imprisonment then to (ii) cases punishable with imprisonment for five years or more, and then hear (iii) other cases,” added the bench.
The court has directed district judges across state to ensure proper infrastructure to special courts (MP/MLA).
For immediate listing of criminal cases in which MP/MLA is an accused but trial is not proceeding due to stay order of high court, the bench said, “The Registrar General shall issue directions to the concerned officer of the registry to ensure that cases in which trial is stayed are listed immediately before appropriate Bench for extension/vacation of the stay orders.”
“The Registrar General shall also ensure that an independent tab on the website of this court be activated so that district-wise information about the details of the year of filing, number of subject cases pending and stage of proceedings is clearly reflected,” the bench said.
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