Shivani Thakur
Published on: April 8, 2022 at 18:55 IST
The Supreme Court agreed to hear Public Interest Litigation (PIL) which has sought expeditious Trial of Criminal Cases against Lawmakers and Speedy Investigation by the Crime Bureau of Investigation (CBI) and other agencies.
A Bench headed by Chief Justice N. V. Ramana was urged by Senior Advocate and Amicus Curiae Vijay Hansaria that the Plea needed to be listed for urgent hearing as despite various directions of the Apex Court on Expeditious Trial of Politicians.
“Outside they can wait for years. No problem. When it comes to the Supreme Court and you enter into the Supreme Court, it (the Case) will become very urgent,” said the Bench which also comprised Justices Krishna Murari and Hima Kohli.
“This is a Public Interest Litigation (PIL). We have passed some Orders. Now it is going on. Please wait for some time. The problem is that the Judges have to be available… If I constitute a Special Bench for this Case then I will disturb two Benches. On a Friday, can I disturb two Benches?” the Chief Justice of India said.
The Bench said, it can allow some Interim Applications of some High Courts seeking transfer of some Special Judges conducting Trials against Lawmakers on various Grounds.
Senior Advocate Vijay Hansaria had said a fresh Report, giving details of the Pending Case has been filed with the Court. According to the recent Report, a total of 4,984 Cases are pending against Members of Parliament and Members of Legislative Assembly/Council out of which 1,899 Cases are more than five years old.
“Even after disposal of 2,775 Cases after December 4, 2018, the Cases against Members of Parliament /Members of Legislative Assembly have increased from 4,122 to 4,984. This shows that more and more persons with Criminal Antecedents are occupying the seats in Parliament and State Legislative Assemblies. It is of utmost necessity that urgent and stringent steps are taken for Expeditious Disposal of Pending Criminal Cases,” said the Report filed through Advocate Kalita.
The Court has been passing directions from time-to-time on the Plea filed by Advocate Ashwini Upadhyay for ensuring Expeditious Trial of Cases against Lawmakers and Speedy Investigation by the Crime Bureau of Investigation and other agencies.
The Order had come on Pleas raising the Legal Question of whether Minor Offences, Triable by Magisterial Courts, against Lawmakers can be Prosecuted before a Special Court presided over by a Sessions Judge who is Senior to a Judicial Magistrate.
Also Read: Speedy Trial – Role of Judiciary and Legislature