Guwahati, Dec 11: The Gauhati High Court has directed its Registry to list all 20 pending criminal petitions and criminal revision petitions involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) before a Special Bench within 10 days.
This directive aligns with the Supreme Court’s instructions in WP(C) No.699/2016 to expedite trials involving legislators.
A division bench, comprising Justice Suman Shyam and Justice Arun Dev Choudhury, ordered the Registry to seek approval from the Chief Justice for listing these cases.
“Insofar as the 20 criminal petitions/ criminal revision petitions pending before the Principal Seat of this High Court is concerned, the Registry to take necessary steps for listing all those cases before a Special Bench, within 10 days from today, after obtaining necessary approval of the Chief Justice in the administrative side,” the court said in the order.
The apex court, in the said writ petition, had sought detailed reports from all the High Courts as regards the pendency of criminal trials against persons involving sitting legislators/ex-legislators and to take necessary steps for streamlining the trials going on for expeditious disposal.
During the hearing on December 9, the High Court took note of the report dated July 25 submitted by its Registrar General in which it was stated that as many as 20 criminal petitions/criminal revision petitions involving MPs/MLAs are pending before the Principal Seat of the High Court.
The court further noted that as per the said report, these matters have been listed from time to time, however, there is no material available on record to indicate the progress made therein to date.
“Insofar as the district judiciary is concerned, the report mentions several pending cases involving the MPs/ MLAs. However, from the said report it is not possible to ascertain as to the progress, if any, that might have been made in those cases, since the filing of the report dated 25-07-2024,” the Court said.
The court after taking note of the overall facts and circumstances of the case, asked to furnish the report dated July 25 to the Additional Advocate Generals of Arunachal Pradesh, Mizoram and Nagaland within a week from December 9 so as to enable them to come up with their response.
“Insofar as the 20 criminal petitions/ criminal revision petitions pending before the Principal Seat of the High Court is concerned, the Registry to take necessary steps for listing all those cases before a Special Bench, within 10 days from today, after obtaining necessary approval of the Chief Justice in the administrative side. Once these matters are listed, it would be expected that the Special Bench so constituted for the purpose, shall take all possible steps for expeditious disposal of these cases,” the court said.
“Insofar as the cases pending before the district judiciary is concerned, an up-to-date status report, indicating the progress made therein since the filing of the report dated July 25, 2024, be brought on record, including the number of such cases disposed of, so far, if any,” the court also stated.
The matter is directed to be listed again on January 28, 2025.
“Once these matters are listed, it would be expected that the Special Bench so constituted for the purpose, shall take all possible steps for expeditious disposal of these cases,” the court added.
