Permission of Supreme Court no more required for transfer of presiding officers of special MP/MLA courts by High Courts

The Supreme Court on Tuesday lifted the condition of apex court approval for transfer of presiding officers of special courts hearing cases against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs). [Ashwini Kumar Upadhyay v. Union of India and ors].A Bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and Manoj Misra passed the direction after Senior Advocate Vijay Hansaria informed the Court that there were requests for transfer of judicial officers.It thus ordered,"By order dated August 10, 2021, we directed that presiding officers of special courts shall not be transferred without permission of this court. High Courts have filed application for transfers. In order that administrative work of High Court does not suffer, we modify order of this court in the following terms: permission of this court shall not be required for transfer of presiding officers of special courts by High Courts.".Such officers can now be transferred after obtaining the permission of the Chief Justice of the High Court on the administrative side, the top court directed."Chief Justice should ensure some other judicial officer is posted in the vacancy that will be caused and to see that transfer shall be permitted if there are no orders pending after conclusion of final arguments," the Court further directed.The Court also allowed applications filed by the Allahabad High Court and the Madras High Court seeking permission to transfer judicial officers..The Bench was hearing a plea seeking a lifetime ban on convicted politicians, including sitting lawmakers, from contesting elections as opposed to the current six-year ban from the date of release after undergoing sentence of two years or more under the prevailing law.The public interest litigation (PIL) by BJP leader and Advocate Ashwini Upadhyay sought special courts to try cases against MPs and MLAs. A direction to bar convicts from forming political parties or becoming office bearers of political parties was also sought.The Central government oppposed the plea, stating that that there is no difference between a public servant and an elected representative. It also pointed out that there are no specific service conditions laid down in respect of elected representatives.The Election Commission of India had already backed the prayer regarding lifetime ban on convicted lawmakers from contesting polls..The top court had earlier directed trial courts dealing with criminal cases of former and sitting MPs and MLAs to consider granting protection to witnesses without their making a specific application for the same.Hansaria, the Amicus Curiae in the case, had told the apex court that there was "no uniformity as to the setting up of Special Courts for MPs/MLAs throughout the country.".Supreme Court declines challenge to Section 8(3) of Representation of People Act providing automatic disqualification of convicted MPs/ MLAs