"We are told that police at times does not enforce law due to pressure from legislators", Supreme Court on cases against MPs, MLAs

The Supreme Court today observed that a large number of cases are pending against Members of Parliament and Legislative Assemblies (MPs and MLAs) as police officers often do not enforce laws due to pressure from the legislators..The Bench of Justices NV Ramana, Surya Kant and Aniruddha Bose made the observation while hearing a 2016 petition filed by Advocate Ashwini Kumar Upadhyay seeking speedy disposal of cases against MPs and MLAs..During the hearing, the Court also informed Solicitor General Tushar Mehta that most courts had asked for technical assistance with respect o video conferencing facilities. To this, SG Mehta stated that the "funding" wont be a botheration for the Court. .The Bench proceeded to order,."We will adjourn the matter for a week or ten days for the High Courts to also send their recommendations and action plan so it can be sent to the concerned ministries."Supreme Court.On September 16, the Court had directed all high courts to formulate action plans to hasten the trial of pending cases against sitting and former lawmakers. The courts were asked to submit their suggestions and comments to Senior Advocate Vijay Hansaria, who is assisting the Bench as amicus curiae.Hansaria had earlier informed the Court that there were 4,442 cases pending against MPs and MLAs as of March 2020. And, as per the latest data collated upon receiving inputs from various high courts, the cases have now increased to 4,859..4,442 pending cases against MPs, MLAs across India; 2,556 cases against sitting legislators - Amicus Curiae informs Supreme Court.In his report submitted to the Court, Hansaria pointed out that there is "no uniformity as to the setting up of Special Courts for MPs/MLAs throughout the country.".No uniformity in setting up of Special Courts to try MPs/MLAs throughout the country: Amicus Curiae tells Supreme Court.Hansaria has suggested that each high court may be directed to allocate criminal cases involving former and sitting legislators to one judicial officer in each district. It is also suggested that high courts be directed to prepare a blueprint for expeditious disposal of cases, and that trials should not take more than one year..Further, it has been suggested that high courts be made to designate a judicial officer for all cases under special Acts and that they should try these cases on priority basis..The amicus has further made a case for giving higher priority to cases involving sitting legislators over those against former legislators. Moreover, no adjournment should be granted except in rare and exceptional circumstances on a written application stating the ground of adjournment..The report also calls for rules to be framed for video conferencing in courts, establishment of a safe and secure witness examination room, and appointment of a Nodal Prosecution Officer and Public Prosecutor for these cases..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.