Hear MP/MLA cases once a week, do not grant adjournments: Delhi High Court

The Delhi High Court recently passed a slew of directions for expeditious disposal of criminal cases pending against the Members of Parliament (MPs) and Members of Legislative Assembly (MLAs).

A Division Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna ordered the designated courts hearing such cases to list the cases against MPs and MLAs at least once a week and also ordered courts not to grant any adjournment unless extremely necessary.

The High Court said that whenever the examination/cross-examination of a witness stretches beyond a given day, the matter should as far as possible be listed on a day-to-day basis till the evidence of such witness is concluded.

In case any revision petitions regarding such matters are pending before the designated Sessions Courts, every endeavour should be made to dispose of the same within six months. Where such revision petition(s) or other petition(s) are pending before single judges of the High Court, they are requested to dispose of the same as expeditiously as possible, the Division ordered.

“The cases in which orders of stay of trial have been passed and are continuing for a period of more than six months, are directed to be disposed of expeditiously by the concerned Benches of this Court. The Registrar General shall file a status report of the said cases before the next date of hearing,” the Court ordered.

It directed the Registrar (Information Technology) to ensure that an independent tab is created on the High Court’s website providing information about the details of number of cases pending against the MP and MLA, the year of filing, stage of proceedings and other relevant details.

“The Principal District and Sessions Judge, cum-Special Judge (PC Act) (CBI), Rouse Avenue Court Complex (designated MP/MLA court) shall ensure almost equal pendency of such cases in the designated Courts, at the same level. However, while considering this aspect the Principal District and Sessions Judge, cum-Spcial Judge (PC Act) (CBI), shall also bear in mind the nature and complexity of such cases and the fact that in a given case there are multiple accused persons or extremely large number of witnesses who are to be examined,” the Bench ordered.

It added,

“The Principal District and Sessions Judge, cum-Spl. Judge (P.C. Act) (CBI), Rouse Avenue Court Complex, Delhi and the Central Project Coordinator (CPC) of this Court shall also ensure that sufficient technological infrastructure is available to enable the designated Courts to adopt such technology as is expedient for effective and efficient functioning and file a report in this respect. In case any training is required to be imparted in this respect the same shall be imparted through the Delhi Judicial Academy to the concerned stakeholders.”

The Bench passed these directions while dealing with a suo motu case initiated in the year 2020 for expeditious disposal of cases against the MPs and MLAs as per the directions of the Supreme Court.

The High Court ordered the designated courts to scrupulously follow the directions of the Supreme Court and the High Court and ordered the Principal District and Sessions Judge, cum-Special Judge (PC Act) (CBI), Rouse Avenue Court Complex to continue to obtain monthly progress reports from the designated Courts and send the consolidated report to the High Court.

The monthly reports shall also include a short summary of the work done in the said cases, during the month, the action plan formulated and the steps taken for expeditious disposal of the said case as well as the specific reasons causing delay in disposal of the said cases, the High Court directed.

It finally said that this matter shall be listed before the High Court every two months.

Senior Advocate Sandeep Sethi is acting as amicus curiae in the case. He is assisted by advocates Sumer Dev Seth and Shreya Sethi.

Central Government Standing Counsel (CGSC) Kirtiman Singh with advocates Waize Ali Noor and Shreya V Menon represented Union of India.

Additional Standing Counsel (ASC) Nandita Rao and Advocate Amit Peswani appeared for the Delhi government.

Advocates Rajat Aneja and Rishabh Jain appeared for the Delhi High Court.

[Read Order]