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

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"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 pertaining. "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. According to the Amicus, constitution of Special Courts at Sessions level for trial of both Sessions cases and Magisterial Trial cases is not illegal for following reasons: The accused persons will get a fair trial before the said Court according to Constitutional norm. The Amicus has however urged the Court to clarify that the directions to constitute Special Court both at Sessions level and Magistrate level will not affect the orders passed by the Special Courts at the Sessions level in respect of cases triable by Magistrate under the Cr.P.C.

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History of this topic

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

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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 …

Special Court Can Conduct Joint Trial Of MMDR Offences With IPC Offences : Supreme Court
3 years ago

Special Court Can Conduct Joint Trial Of MMDR Offences With IPC Offences : Supreme Court

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The Supreme Court has held that a Special Court under the Mines and Minerals Act can conduct joint trial of the offences under the MMDR Act along with the offences under the Indian Penal Code as per Section 220 of the Code of Criminal Procedure.Section 220 CrPC specifies the situations where joint trial of offences are possible. The Supreme Court …

'You Misinterpreted Our Order' : Supreme Court To Allahabad HC For Creating Only Sessions Courts For Cases Against MP/MLAs
3 years, 1 month ago

'You Misinterpreted Our Order' : Supreme Court To Allahabad HC For Creating Only Sessions Courts For Cases Against MP/MLAs

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The Supreme Court on Wednesday orally remarked that the Allahabad High Court misinterpreted the Top Court's order by not creating Magisterial Courts for trying cases against MPs/MLAs and by designating only Sessions Courts for such purposes.A bench comprising the Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant was hearing the applications filed by SP leader. …

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

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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 …

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

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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

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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]

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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 …

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]

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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 …

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