Breaking: Cases against MP/MLAs to be heard on priority in Bihar, Kerala, directs Supreme Court

In a significant order passed today, the Supreme Court has directed that cases against sitting and former lawmakers be heard on a priority basis. This order will currently apply to the States of Kerala and Bihar. The High Courts of these States will be at liberty to designate as many Sessions and Magistrate courts as it deems fit to hear such cases..The order was passed by a Bench of Chief Justice of India, Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph in a petition by advocate Ashwini Kumar Upadhyay.The Court considered the report and suggestions by Amicus Curiae Vijay Hansaria before passing the order..The Amicus had suggested that one Sessions Court and one Magistrate Court be designated in each district for hearing cases against law makers..The Court, however, modified the same and said that High Courts could distribute such cases to as many Sessions and Magistrates courts as it deems fit..“Instead of designating one Sessions Court and one Magisterial Court in each District we request each High Court to assign/allocate criminal cases involving former and sitting legislators to as many Sessions Courts and Magisterial Courts as the each High Court may consider proper, fit and expedient. This, according to us, would be a more effective step instead of concentrating all the cases involving former and sitting legislators in a Special Court(s) in the district.”.Such cases will then have to be heard on a day to day basis. Cases involving life imprisonment as punishment will have to be heard on a priority basis..The designated courts will have to submit monthly report to the High Court with regard to the caseswhere charge-sheets have not yet been filed; cases where charges have not yet been framed giving reasons therefor; and the progress of the trial where the cases are ready..The High Courts, in turn, will have to forward the said reports to the registry of the Supreme Court with a copy to Amicus Curiae, Vijay Hansaria..The action taken the High Courts of Kerala and Patna pursuant to today’s order should be laid before this Court on or before December 14, 2018..The matter will be heard on December 14..Read the order below..Read the report submitted by the Amicus Curiae: