24 criminal trials against MPs/ MLAs stayed by Bombay High Court, 2 by Supreme Court: High Court tells Special Bench

The Bombay High Court's registrar on Monday informed the High Court 24 criminal cases pending against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) from Maharashtra have been stayed by the Bombay High Court and 2 cases have been stayed by Supreme Court as on date..A special bench of Chief Justice Dipankar Datta and Justice SK Shinde had sought details of criminal cases where the trial court proceedings against sitting or former MPs/MLAs of Maharashtra and Goa have been stayed by the High Court..Advocate General Ashutosh Kumbhakoni on behalf of the High Court furnished the following data with regard to such cases which have been stayed:Principal Bench at Mumbai: cases stayed for more that 6 months - 14; and less than six months - nil; Aurangabad Bench: cases stayed for more than 6 months- 6; less than six months - nil; Nagpur Bench: stayed for more than six months - 3; less than six months - 1; Goa Bench: stayed for more than six months - 2; and less than six months - nil..In a nutshell, AG submitted that 26 trial court proceedings have been stayed.He added that while 24 have been stayed by the different benches of High Court, 2 have been stayed by Supreme Court. The Special Bench at this point opined that they will only monitor the 24 cases stayed by the High Court and not intervene in the stay by the Supreme Court.They also sought a comprehensive list including particulars of order under challenge and the gravity of the offences against the legislators for their further consideration. The matter will be listed after 2 weeks for AG to submit..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: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.The Chief Justices were asked to consider whether the pending trials were required to be transferred to some different Court.