Expeditious disposal of cases against MPs, MLAs: Karnataka HC questions govt on need for separate Magistrate's Court

The Karnataka High Court on Monday asked the state government on the need for a separate Special Court for the expeditious disposal of cases pending against legislators in the state. .This question was posed to the state government by a Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi. .The Bench was prompted to question the State on this aspect after it heard the submissions of Amicus Curiae and Senior Advocate Aditya Sondhi. Sondhi argued on the need for a separate Magistrate's Court and Court of Sessions. He said,."The reason is that firstly, there are a number of cases triable by the Magistrate that are clubbed together with the other cases and placed before the special Court of Sessions. That apart, the committal of the offence under Section 193 has to first take place from the Magistrate. That would be also require that a separate Magistrate's Court be created, even in respect of sessions offences...".Agreeing with the submission, the Court said,."This is a very important aspect. We need to have a Special Court of a Magistrate so that committal orders can be passed.".During the course of the hearing, the Court commented that a Witness Protection Scheme will have to be put in place for these cases..When asked about the functioning of the scheme, Additional Advocate General Dhyan Chinnappa informed the Court that as of now, there was no significant implementation of the same.."That's what we want to know, because the scheme has to be in place. We do not know the nature of the cases before the Special Court. If there is some sensitive case, then witness protection scheme will have to be in place", the Bench commented. .The Court further urged that one of the Nodal Officers should take the responsibility of ensuring the presence of witnesses in courts. An officer of the State must ensure that all witnesses have undergone Rapid Antigen Test (RAT) as per the SoP, directed the Court. .Expeditious disposal of cases against MPs, MLAs: Karnataka HC asks State on availability of public prosecutors in Special Court.Apart from this, the Court refused to implead NGO Association for Democratic Reforms as a party in the matter. The Court stated that the Association could always make their suggestions to the Amicus Curiae.. The matter will be next heard on October 22. .Last month, the Bench had directed the Registrar General of the Court to register a suo motu petition, in view of the directions issued by the Supreme Court urging Chief Justices of the High Courts to formulate an action plan to expeditiously deal with pending cases against legislators..Karnataka HC directs registration of suo motu PIL for expeditious disposal of pending criminal cases against MPs, MLAs.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.