[Criminal cases against MPs/MLAs] Delhi High Court directs special courts to give priority to cases, appoints amicus curiae

The Delhi High Court appointed Senior Advocate Sandeep Sethi Amicus Curiae to assist it in dealing with the criminal cases against former and sitting Members of Parliament (MPs), and Members of Legislative Assembly (MLAs)..An order in this regard was passed by a Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla last week. The High Court asked Sethi to suggest measures to ensure compliance with the directions passed by the Supreme Court and to achieve the objective of ensuring expeditious disposal of the cases against the sitting and former legislators. .The High Court was dealing with a suo motu petition registered pursuant to the order of the Supreme Court that had directed that cases against legislators be handled by special courts. The apex court had passed the directions in a public interest litigation (PIL) petition filed by lawyer and BJP leader Ashwini Kumar Upadhyay. .According to a status report filed in March 2020 by the Registrar General of the High Court, four cases involving former and sitting MPs and MLAs were disposed of by special judges, while one case was disposed of by the Additional Chief Metropolitan Magistrate (ACMM). .After considering the report, the Bench directed the special courts and the ACMMs to give priority to such cases. .The High Court stated that as far as the cases pending before it are concerned, the dates given in some of them are too far and, therefore, they should be listed before a bench designated by the Acting Chief Justice on Wednesday. "The above-referred orders passed by the Supreme Court, and the present order be also brought to the notice of the Bench. The Bench is requested to list the matters for hearing. The Bench may examine the aspect of continuation/modification of stay, and make an endeavour to dispose of the matters as expeditiously as possible in terms of the aforesaid orders of the Supreme Court," the Court said. .A direction has also been passed to the Additional Solicitor General (ASG) and Standing Counsel (Criminal), of Delhi Government to remain present on the dates of hearing of this petition so that any direction issued is promptly executed by the authorities."We further direct the Commissioner of Police, Delhi, to nominate an officer of the rank of Deputy Commissioner of Police, who shall act as a Nodal Officer and shall appear before this Court on each date of hearing so as to furnish requisite information, as and when required, of the cases pending against the sitting and former MPs/MLAs before this Court as also before the learned trial court(s)," the Court said. .The Registrar General of the High Court was also directed to file monthly status reports detailing the number of cases pending against the legislators before various courts including the High Court. .[Read Order]