High Courts Should Call For Monthly Reports From Special MP/MLA Courts To Track Disposals : Amicus Suggests To Supreme Court
1 year, 3 months ago

High Courts Should Call For Monthly Reports From Special MP/MLA Courts To Track Disposals : Amicus Suggests To Supreme Court

Live Law  

Senior Advocate Vijay Hansaria, the amicus curiae appointed by the Supreme Court in the matter relating to criminal cases against elected representatives in his 19th report has suggested a string of directions to be issued for expeditious disposal of such cases. The suggestions of the amicus in his latest report include, calling for monthly reports from Special Court set up for disposal of cases against MPs/MLAs to the High Courts regarding reasons for delay in cases pending for more than five years and any difficulties faced in the concluding the trial in such cases. In October 2022, the Supreme Court had directed all the High Courts to place on record the number of criminal cases pertaining to MPs/MLAs which are pending for a period in excess of five years, the number of judges allocated to conduct the trials; the case load per judge; and the steps taken to ensure the expeditious disposal of these cases. The Special Court MP/MLAs may be directed to furnish monthly reports of pendency and disposal of cases to the High Courts and reasons for delay of cases pending for more than five years. d. The High Courts in the suo motu writ petitions registered in terms of the order dated 16.09.2020 shall consider the monthly reports filed by the Special Courts MP/MLA and pass suitable directions for expeditious disposal of cases.

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History of this topic

Gauhati High Court Asks Its Registry To List All 20 Criminal Pleas Involving MPs, MLAs Before Special Bench For Expeditious Disposal
1 week, 6 days ago

Gauhati High Court Asks Its Registry To List All 20 Criminal Pleas Involving MPs, MLAs Before Special Bench For Expeditious Disposal

Live Law  

The Gauhati High Court on Monday, directed its Registry to take necessary steps for listing all pending twenty criminal petitions and criminal revision petitions involving MPs or MLAs before a Special Bench within 10 days, after obtaining necessary approval of the Chief Justice on the administrative side. The Apex Court, in the said writ petition, had sought detailed reports from …

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs
1 year ago

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs

Live Law  

The Delhi High Court has issued directions for expeditious and effective disposal of criminal cases pending in the designated courts against the members of Parliament and Legislative Assemblies. A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure almost equal pendency of. A …

Andhra Pradesh High Court To Take Up Monitoring Of Cases Against MP's & MLA's Upon Supreme Court's Directions
1 year ago

Andhra Pradesh High Court To Take Up Monitoring Of Cases Against MP's & MLA's Upon Supreme Court's Directions

Live Law  

The Andhra Pradesh High Court took up proceedings to monitor and fast-track the cases filed against MLAs & MPs, following the directions passed by the Supreme Court, The division Bench comprising Justice U. Durga Prasad Rao and Justice M. Kiranmayi took up the matter on Thursday and adjourned it to Monday due to the unavailability of the Advocate General. The …

Madras High Court to constitute special bench for ensuring early disposal of MP/MLA cases in Tamil Nadu & Puducherry
1 year, 1 month ago

Madras High Court to constitute special bench for ensuring early disposal of MP/MLA cases in Tamil Nadu & Puducherry

The Hindu  

The Madras High Court is all set to constitute a special bench to ensure early disposal of criminal cases pending against sitting as well as former MPs and MLAs in Tamil Nadu and Puducherry by issuing necessary directions to the special courts seized of such cases. Chief Justice Sanjay V. Gangapurwala on Wednesday said, he had already issued instructions in …

J&K&L High Court Seeks Status Of Pending Cases Against MPs/ MLAs From Trial Courts
2 years, 2 months ago

J&K&L High Court Seeks Status Of Pending Cases Against MPs/ MLAs From Trial Courts

Live Law  

The Jammu & Kashmir & Ladakh High Court on Thursday sought status of 13 cases which are pending in various courts against 16 former and sitting Member of Parliaments and ex-MLAs in the Union Territory. A bench comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar directed the Registrar Judicial of the High Court to seek status of the …

How Many Criminal Cases Against MPs/MLAs Pending For Over 5 Years? Supreme Court Seeks Information From High Courts
2 years, 2 months ago

How Many Criminal Cases Against MPs/MLAs Pending For Over 5 Years? Supreme Court Seeks Information From High Courts

Live Law  

In a PIL seeking life-time ban on convicted politicians, the Supreme Court, on Monday, directed all the High Courts to file an affidavit before it, indicating the number of criminal cases pertaining to MPs/MLAs pending for a period in excess of 5 years and explaining the steps taken to ensure expeditious conclusion of these trials. The Apex Court also modified …

Over 4 Crore Cases Pending Before District Courts Across Country, About 59 Lakh In High Courts, 70K In Supreme Court: Law Ministry
2 years, 8 months ago

Over 4 Crore Cases Pending Before District Courts Across Country, About 59 Lakh In High Courts, 70K In Supreme Court: Law Ministry

Live Law  

The Ministry of Law and Justice informed Lok Sabha that disposal of pending cases in courts is within the domain of the judiciary and Government has no role in disposal. Law Minister Kiren Rijiju stated that timely disposal of cases in courts depends on several factors which, inter-alia, include availability of adequate number of judges and judicial officers, supporting court …

Bombay HC seeks data of pending cases against MPs and MLAs in Maharashtra
2 years, 9 months ago

Bombay HC seeks data of pending cases against MPs and MLAs in Maharashtra

India Today  

The Bombay High Court on Saturday directed its Registry to submit details of cases where the trial court criminal proceedings against MPs and MLAs in the state have been stayed by orders of the High Court at its various benches in Maharashtra and Goa. The bench called for a list of all pending criminal cases involving sitting or former legislators, …

Criminal Cases Against MPs/MLAs: Amicus Curiae Seeks Constitution Of Monitoring Committee For CBI, ED & NIA Cases
2 years, 10 months ago

Criminal Cases Against MPs/MLAs: Amicus Curiae Seeks Constitution Of Monitoring Committee For CBI, ED & NIA Cases

Live Law  

The Amicus Curie has informed the Supreme Court that the number of cases pending against MPs/MLAs has increased from 4122 to 4984 in two years, which shows that more and more persons with criminal antecedents are occupying the seats in the Parliament and the State Legislative Assemblies.Senior Advocate Vijay Hansaria, who has been appointed as the Amicus Curie to assist …

244 Criminal Cases Pending Against MPs/MLAs In WB: Calcutta High Court Seeks Report On Existing Infra Facilities At Special Courts
2 years, 11 months ago

244 Criminal Cases Pending Against MPs/MLAs In WB: Calcutta High Court Seeks Report On Existing Infra Facilities At Special Courts

Live Law  

The Calcutta High Court on Monday took on record an affidavit filed by the High Court administration detailing the status of pending criminal cases against MPs and MLAs in various courts across the State of West Bengal. The Court was hearing suo-motu petition initiated in view of the directions issued by the Supreme Court asking the Chief Justices of the …

No Illegality In Special MP/MLA Courts At Sessions Level Handling Cases Triable By Magistrates : Amicus Tells Supreme Court
3 years, 1 month ago

No Illegality In Special MP/MLA Courts At Sessions Level Handling Cases Triable By Magistrates : Amicus Tells Supreme Court

Live Law  

"While the constitution of Special Courts both at the Sessions level and the Magistrate level is desirable, no illegality can be attached to the constitution of Special Courts at Sessions level for trial of both Sessions cases and Magisterial Trial cases" Senior Advocate Vijay Hansaria has submitted before the Supreme Court.Mr Hansaria, who is the Amicus Curiae in the matter …

Karnataka High Court Seeks Information Regarding Withdrawal Of Cases Against MPs/MLAs
3 years, 1 month ago

Karnataka High Court Seeks Information Regarding Withdrawal Of Cases Against MPs/MLAs

Live Law  

The Karnataka High Court on Wednesday directed its Registrar General to seek information regarding the number of cases withdrawn against legislators, pending or disposed off post September 16, 2020. In the meantime the Registrar General of this court shall seek information regarding the number of cases pertaining to MP, MLA and MLC, in the special session court as well as …

Special Courts For MP/MLAs : Supreme Court To Examine If Cases Triable By Magistrate Can Be Committed To Sessions Court
3 years, 1 month ago

Special Courts For MP/MLAs : Supreme Court To Examine If Cases Triable By Magistrate Can Be Committed To Sessions Court

Live Law  

The Supreme Court on Monday orally observed that when a statute states that the trial has to be before a Magistrate, Supreme Court court in exercise of its jurisdiction under Article 142 cannot then say that notwithstanding the statute, the jurisdiction will be exercised by Court of SessionsA Bench comprising CJI NV Ramana, Justice DY Chandrachud and Justice Surya Kant …

For Speedy Trial Of Cases Against MPs/MLAs, Special/CBI Courts Need To Be Set Up In Different Parts Of The State Where More Than 100 Cases Are Pending : Supreme Court
3 years, 3 months ago

For Speedy Trial Of Cases Against MPs/MLAs, Special/CBI Courts Need To Be Set Up In Different Parts Of The State Where More Than 100 Cases Are Pending : Supreme Court

Live Law  

Expressing deep concern at the long pendency of criminal cases against sitting and former MPs/MLAs, the Supreme Court has called for the establishment of more Special/CBI Courts to deal with such matters.The Court said that the establishment of only one Special Court to try cases against legislators in a State with large number of such cases will be a travesty …

No Priority For MPs/MLAs In Hearing Of Criminal Appeals : Supreme Court Clarifies
3 years, 3 months ago

No Priority For MPs/MLAs In Hearing Of Criminal Appeals : Supreme Court Clarifies

Live Law  

The Supreme Court on Wednesday observed that its order to expedite trial in criminal cases against MPs and MLAs should not be understood as a mandate to give out-of-turn hearing of their criminal appeals.A Special Bench comprising CJI Ramana, Justice DY Chandrachud and Justice Surya Kant was hearing a plea filed regarding pendency of criminal cases against MPs & MLAs …

Criminal cases against MPs, MLAs can be withdrawn only after HC consent: SC
3 years, 4 months ago

Criminal cases against MPs, MLAs can be withdrawn only after HC consent: SC

The Hindu  

The Supreme Court on Tuesday questioned the Central government’s commitment towards the speedy trial and prosecution of criminal politicians and directed that a criminal case against an MP or MLA could be withdrawn only after getting the consent of the High Court concerned. A three-judge Bench led by Chief Justice of India N.V. Ramana mulled over forming a special bench …

Special MP/MLA Benches To Only Hear Cases Against Them; Not Those Filed By Them, Orders Madras High Court
3 years, 10 months ago

Special MP/MLA Benches To Only Hear Cases Against Them; Not Those Filed By Them, Orders Madras High Court

Live Law  

The Madras High Court has ordered that Special Benches, which are established in Courts to expeditiously hear criminal cases pertaining to MPs/ MLAs, will only hear cases "filed against" them. A Division Bench comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy noted that on several occasions, when there are benches specially dealing with matters pertaining to MPs and …

Cases Against MPs/MLAs: Madras High Court Mulls Constitution Of Committee To Set Up Additional Infrastructure For Expeditious Disposal
3 years, 11 months ago

Cases Against MPs/MLAs: Madras High Court Mulls Constitution Of Committee To Set Up Additional Infrastructure For Expeditious Disposal

Live Law  

The Madras High Court has observed that in order to expedite the hearing of criminal cases against MPs/ MLAs in Trial Courts, specific times on a daily or weekly basis need to be allotted, irrespective of whatever other business the relevant Court may have. 'This Matter Has To Get Precedence' Madras HC Orders For A Comprehensive Roadmap For Clearing Pending …

'This Matter Has To Get Precedence' Madras HC Orders For A Comprehensive Roadmap For Clearing Pending Criminal Cases Against MPs And MLAs
3 years, 11 months ago

'This Matter Has To Get Precedence' Madras HC Orders For A Comprehensive Roadmap For Clearing Pending Criminal Cases Against MPs And MLAs

Live Law  

A division bench of Madras High Court comprising of Chief Justice Sanjib Banerjee and Justice senthilkumar Ramamoorthy on Tuesday observed that a comprehensive road map must be made considering the "litigative resourcefulness" of the legislators against whom cases are pending in the trial courts and High Court to ensure that the cases are disposed of at the earliest. The bench …

Karnataka High Court Asks State Govt To Place On Record Procedure To Appoint Prosecutors In MP/MLA Courts
4 years, 1 month ago

Karnataka High Court Asks State Govt To Place On Record Procedure To Appoint Prosecutors In MP/MLA Courts

Live Law  

The Karnataka High Court has directed the State government to place on record the procedure followed by it for making choice of the public prosecutors who would be appearing before the special court constituted to try criminal cases against Member of Parliament and Member of Legislative Assembly. A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi …

Madras High Court Panel Questions Validity Of Supreme Court Order Setting Up Special Courts For MPs/MLAs
4 years, 1 month ago

Madras High Court Panel Questions Validity Of Supreme Court Order Setting Up Special Courts For MPs/MLAs

Live Law  

The legal validity of establishing Special Courts for trial of MPs and MLAs has been questioned by the Criminal Rules Committee, comprising of three Judges from the Madras High Court. The Committee noted that the Supreme Court fell in error by ordering that a Central Scheme may be prepared for setting up of Courts, exclusively to deal with criminal cases …

No Illegality In Establishing 'Offender Centric' Courts For Trial Of MPs/MLAs: Amicus Curiae Tells Supreme Court [Read Report]
4 years, 1 month ago

No Illegality In Establishing 'Offender Centric' Courts For Trial Of MPs/MLAs: Amicus Curiae Tells Supreme Court [Read Report]

Live Law  

Senior Advocate Vijay Hansaria, Amicus Curiae in the matter concerning expeditious disposal of criminal cases pending against former/sitting legislators, has told the Supreme Court that there is no illegality in designating special Courts for trial of such MPs/MLAs. "In the present case, this Hon'ble Court has directed expeditious trial of criminal cases against MPs/ MLAs by designating Special Courts in …

Rise in Cases Against Sitting, Ex-lawmakers; Need Strict Monitoring, Says Report Filed in SC
4 years, 2 months ago

Rise in Cases Against Sitting, Ex-lawmakers; Need Strict Monitoring, Says Report Filed in SC

News 18  

Criminal cases against sitting and former lawmakers have increased over the last two years and strict monitoring at the micro level is needed by high courts to ensure expeditious disposal of cases against them, the Supreme Court was informed on Monday. "It is, therefore, submitted that strict monitoring, at a micro-level, by the High Courts is necessary to ensure expeditious …

Criminal Cases Against MPs/ MLAs: Manipur HC Directs Govt To Establish Two Special Courts; Seeks Monthly Status Reports [Read Order]
4 years, 2 months ago

Criminal Cases Against MPs/ MLAs: Manipur HC Directs Govt To Establish Two Special Courts; Seeks Monthly Status Reports [Read Order]

Live Law  

With an aim to enable "timely action" in criminal cases pending against sitting and former MPs and MLAs, the High Court of Manipur on Thursday directed the State Government to create two "exclusive Special Courts" at Imphal at the Sessions and Magisterial levels. No.1 are created, the State Government is directed to designate the Courts of Additional District & Sessions …

[Criminal Cases Against MPs/MLAs] Orissa HC Takes Suo Moto Notice And Directs State Govt. to Compile Data Of Pending Cases [Read Order]
4 years, 2 months ago

[Criminal Cases Against MPs/MLAs] Orissa HC Takes Suo Moto Notice And Directs State Govt. to Compile Data Of Pending Cases [Read Order]

Live Law  

The Orissa High Court on Wednesday heard the suo motu writ petition which was listed pursuant to order dated 16.09.2020 passed by the Supreme Court in Writ Petition No.699 of 2016 regarding Special Courts for MPs/MLAs. It may be noted that the Supreme Court on Wednesday asked the Chief Justices of the High Courts to formulate an action plan to …

Supreme Court for time-bound trial of criminal cases against politicians
4 years, 3 months ago

Supreme Court for time-bound trial of criminal cases against politicians

The Hindu  

The Supreme Court on Wednesday resolved to ensure that pending criminal trials against sitting and former legislators, which run to over 4,000 across the country, will be completed in a time-bound manner. “Are you serious about completing these trials in a time-bound manner?” a three-judge Bench led by Justice N.V. Ramana asked Solicitor General Tushar Mehta, for the Centre. He …

Centre in SC Favours Time Bound Trial of Pending Cases Against Lawmakers
4 years, 3 months ago

Centre in SC Favours Time Bound Trial of Pending Cases Against Lawmakers

News 18  

The Centre favoured expeditious disposal of pending cases against former and sitting lawmakers on Wednesday before the Supreme Court and said these matters “must reach their logical conclusion” within a time frame. Mehta said that if proceedings of any of these cases against lawmakers are stayed by the high court, then the top court may direct the it to decide …

Over 200 Cases Against Lawmakers Under Special Laws Pending in Different States: SC Told
4 years, 3 months ago

Over 200 Cases Against Lawmakers Under Special Laws Pending in Different States: SC Told

News 18  

More than 200 cases are pending against lawmakers under special laws such as the Prevention of Corruption Act, the Prevention of Money Laundering Act and the Protection of Children from Sexual Offences Act, 2012 in different states, the Supreme Court was informed on Tuesday. The reports submitted to the High Courts' pursuant to orders dated March 5, 2020 and September …

Supreme Court takes up issue of pending cases against politicians
4 years, 3 months ago

Supreme Court takes up issue of pending cases against politicians

The Hindu  

The Supreme Court on Thursday prioritised the need to expeditiously complete trial in over 4000 criminal cases, from corruption to money laundering, pending against legislators across the country. A Bench led by Justice N.V. Ramana was alarmed to find that cases registered against politicians nearly 40 years ago were still pending trial. It asked Mr. Hansaria to recommend a plan …

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