SC: No Transfer of Judges hearing Cases against MPs & MLAs

Aug10,2021 #Judges #MLAs #MPs #SUPREME COURT

Aishwarya Rathore-

Published on: August 10, 2021, at 15:46 IST

Supreme Court directed that Special Courts Judges, hearing cases against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) will not be transferred until further orders. 

The Bench noted, “To ensure the disposal of pending cases, the presiding officers of special courts, or central bureau of investigation (CBI) courts involved in the prosecution of MPs, MLAs will continue in their present post until further orders.”

The Bench has clarified that the direction is subject to their retirement or death. The Court also ordered that no prosecution against legislators should be withdrawn, without the approval of the concerned High Court of the State.

A Bench headed by CJI Ramana passed the order in the case, regarding the pendency of criminal cases against MPs and MLAs and expeditious disposal of the same by setting up of Special Courts.

The order directed the Registrar Generals of all the High Courts to provide information, in a particular format, about the cases decided by Special Courts against the lawmakers. It has also sought the details of pending cases and their stages before the Trial Courts. 

The matter will be heard next on August 25.

The Supreme Court was hearing a Public Interest Litigation (PIL) filed by Ashwini Upadhyay in 2016 on the fast-tracking of criminal trials against lawmakers. The plea also sought a life ban on convicted politicians from contesting polls.

The plea also sought directions to implement the “Important Electoral Reforms” proposed by the Election Commission, Law Commission, and National Commission to review the working of the Constitution.

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