Bombay High Court: Suo Motu Cognisance against 550 Criminal Trials Pending against MPs/MLAs in Maharashtra and Goa

Bombay High court Law Insider

Khushi Doshi

Published on: March 5, 2022 at 10:58 IST

On Friday, the Bombay High Court instructed its registry to submit information about Criminal Cases in which Trial Court hearings against sitting or former Members of Parliament and Members of Legislative Assemblies (MPs/MLAs) of Maharashtra and Goa were stayed by the High Court.

To hear the case, Chief Justice Dipankar Datta convened a Special Bench that included himself and Justice SK Shinde.

He requested a list of all Pending Criminal Cases involving Sitting or Former Legislators in which the High Court had granted a stay of the Trial Court proceedings.

The High Court will decide whether to extend the stay once it receives the list.

“We will consider those matters for their Reliefs and then either extend or cancel the stay. In the event the stay is necessary, we will hear the matter on a day-to-day basis and decide,” the Bench said.

Chief Justice Datta initiated the Suo Motu proceedings to monitor the progress of the trials against legislators. Recognizance was taken following a Supreme Court order issued in September 2020, regarding excessive delays in inquiries and Criminal Trials against legislators under various statutes.

Approximately 500 cases are pending in the Lower Courts throughout Maharashtra and Goa, including the Union Territories of Dadra Nagar and Haveli.

Create and submit a plan of action to reduce the number of Special Courts (Trial Courts that hear cases involving legislators) that are required. This information should include:

– Total number of cases pending in each district,

– Required number of proportionate Special Courts

– Number of available Courts

– Judge’s Tenure; – Number of cases assigned to each Judge;

– Anticipated time for case disposition

The Chief Justices were asked to consider whether the Pending Trials should be transferred to another Court.

Also read:

Power of High Courts to Make Rules

Criminal Cases against MPs and MLAs Pending in West Bengal

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