Jahanvi Agarwal
In a significant move recognizing the impact of pending criminal cases against legislators on political democracy, the Supreme Court has directed High Courts to establish specialized benches for the expedited resolution of over 5,000 such cases.
The three-judge bench, led by Chief Justice D Y Chandrachud, emphasized prioritizing criminal cases “punishable with death or life imprisonment,” followed by those “punishable with imprisonment for five years or more,” and others.
The court urged HCs to set up special benches to ensure swift trials, with minimal adjournments, especially for cases pending for more than five years, constituting over 40% of such instances. This directive stemmed from a plea by advocate Ashwini Kumar Upadhyay, aiming to enhance public trust in political representatives.
The court highlighted the need for speedy disposal, acknowledging its crucial role in maintaining confidence in political representatives. To address the diverse factors influencing case disposition, the SC delegated the formulation of effective monitoring methods to the HCs, allowing them flexibility based on regional variations.
It instructed HC Chief Justices to register a suo motu case to constitute special benches for its periodic hearings, considering factors like stay orders and infrastructure. The SC further encouraged the creation of a district-wide information tab on HC websites, providing details on pending cases, filing year, and stage of proceedings. Amidst these directives, a plea for a lifetime ban on convicted MPs and MLAs from contesting elections remains under the court’s consideration.
Case Name: In Re designated courts for MPs, MLAs