Provide details of infrastructure, staff required to set up courts for trials against legislators: Orissa High Court directs Registry

On Thursday, the Orissa High Court took on record an affidavit filed by the state government in respect of the steps it was taking to fast-track long pending criminal trials against former and sitting legislators (Suo Motu Writ Petition)..A division bench of Chief Justice Mohammad Rafiq and Justice Biswanath Rath noted that State's affidavit lacked details on the infrastructure such as staff and building requirements along with a time frame for the expeditious disposal of the criminal cases and to ensure early completion of trial in such matters..The State Government submitted that it was waiting on a proposal in this regard from the High Court..“... (it) has been categorically stated that so far proposal for creation of additional number of Courts with staff and necessary infrastructure as per the scheme filed before the Hon’ble Supreme Court has not been received.”Orissa High Court.Upon the State’s submission that the High Court had so far not forwarded a proposal listing the infrastructural requirements for MP/MLA courts, the Court directed the Registrar-General to take up the matter on the administrative side..The proceedings have been instituted by the Orissa High Court on its own motion in compliance with the Supreme Court’s direction to fast track trials against former and sitting legislators..On September 23, the High Court had issued notice to the Orissa government seeking details of the criminal cases pending against legislators before courts across the State..The government, on October 19, was directed to file a response to a proposal for the creation of three special courts, one each in three revenue divisions and eleven courts of Judicial Magistrate (First Class) for the expeditious trial of pending cases against the sitting / former MPs and MLAs in the State..Lawyer Ashwini Kumar Upadhyay had moved a PIL in the Supreme Court seeking the speedy disposal of criminal cases against former and present MPs and MLAs. In the course of this litigation, High Courts across the country had been directed by the Supreme Court to compile a list of criminal cases against former and present legislators..On September 10, the amicus curiae in the matter, Vijay Hansaria informed the apex court that a total of 4,442 cases are pending against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) across India out of which 2,556 sitting legislators are yet to face trial..4,442 pending cases against MPs, MLAs across India; 2,556 cases against sitting legislators - Amicus Curiae informs Supreme Court.AGA PK Muduli appeared on the state government's behalf in the Orissa High Court. The matter is expected to be taken up next on December 12, 2020..Read the Order: