Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – Art. 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Issue for consideration:Writ petition in the nature of public interest sought expeditiousdisposal of criminal cases against elected members of theParliament and Legislative Assemblies.Constitution of India – Art. 32 – Expeditious disposal ofcriminal cases against elected members of the Parliamentand Legislative Assemblies – Directions issued:Held: (i) Learned Chief Justices of the High Courts shallregister a suo-motu case with the title, “In Re: designatedcourts for MPs/MLAs” to monitor early disposal of criminalcases pending against the members of Parliament andLegislative Assemblies – The suo-motu case may be heardby the Special Bench presided by the Learned Chief Justiceor a bench assigned by them; (ii) The Special Bench hearingthe suo-motu case may list the matter at regular intervals as isfelt necessary – The High Court may issue such orders and/or directions as are necessary for expeditious and effectivedisposal of the subject cases – The Special Bench mayconsider calling upon the Advocate General or the PublicProsecutor to assist the Court; (iii) The High Court mayrequire the Principal District and Sessions Judge to bear theresponsibility of allocating the subject cases to such courtor courts as is considered appropriate and effective – TheHigh Court may call upon the Principal District and SessionsJudge to send reports at such intervals as it considersexpedient; (iv) The designated courts shall give priority:(1) first to criminal cases against MP’s & MLA’s punishablewith death or life imprisonment then to (2) cases punishablewith imprisonment for 5 years or more, and then hear (3)other cases – The Trial Courts shall not adjourn the casesexcept for rare and compelling reasons; (v) The learnedChief Justices may list cases in which orders of stay of trialhave been passed before the Special Bench to ensure thatappropriate orders, including vacation of stay orders arepassed to ensure commencement and conclusion of trial;(vi) The Principal District and Sessions Judge shall ensuresufficient infrastructure facility for the designated courts andalso enable it to adopt such technology as is expedient foreffective and efficient functioning; (vii) The High Courts shallcreate an independent tab on their website providing district-wise information about the details of the year of filing, numberof subject cases pending and stage of proceedings – Wemake it clear that while monitoring the subject cases, theSpecial Bench may pass such orders or give such additionaldirections as are necessary for early disposal of the subjectcases. [Para 20] |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 991 |
Petitioner | Ashwini Kumar Upadhyay |
Respondent | Union Of India & Anr. |
SCR | [2023] 14 S.C.R. 266 |
Judgement Date | 2023-11-09 |
Case Number | 699 |
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