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 of justice. 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 Special/CBI Courts need to be set up in different parts of the State where more than 100 cases are pending to ensure easy accessibility to the witnesses and de­congestion of existing Special/CBI Courts. The plea has sought directions to implement the "Important Electoral Reforms" proposed by Election Commission, Law Commission and National Commission to Review the Working of the Constitution; Further directions have been sought to set minimum qualification and maximum age limit for Legislatures and allow cost of the petition to petitioner Case Title: Ashwini Kumar Upadhyay & Ors vs Union of India & Ors Also Read: No Priority For MPs/MLAs In Hearing Of Criminal Appeals : Supreme Court Clarifies

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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
2 weeks 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 …

Expedite Probe, Trials In Criminal Cases Against MPs, MLAs: Madras High Court To State
8 months, 3 weeks ago

Expedite Probe, Trials In Criminal Cases Against MPs, MLAs: Madras High Court To State

Live Law  

The Madras High Court has directed the State to expedite the probe and trial in criminal cases pending against MPs and MLAs in the State. The bench of Chief Justice SV Gangapurwala and Justice J Sathya Narayana Prasad gave directions on a suo moto petition undertaken by the court in 2020 to monitor the progress of criminal cases against the …

Expedite criminal cases against MPs/MLAs: Madras High Court directs T.N. police
8 months, 3 weeks ago

Expedite criminal cases against MPs/MLAs: Madras High Court directs T.N. police

The Hindu  

The Madras High Court on Tuesday, April 2, 2024, directed the prosecution to expedite proceedings in criminal cases pending against sitting as well as former MPs and MLAs in Tamil Nadu and file a status report before the court, on June 20, 2024. The First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice J. Sathya Narayana Prasad issued …

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 …

Cases Against Lawmakers: SC for Special Bench
1 year, 1 month ago

Cases Against Lawmakers: SC for Special Bench

Deccan Chronicle  

NEW DELHI: In an attempt to fast-track trials in more than 5,000 criminal cases against lawmakers, the Supreme Court on Thursday directed high courts to set up a special bench to monitor cases for their speedy disposal. “The learned Chief Justice of the high court shall register a suo motu case titled 'In re designated courts for MPs/MLAs' to monitor …

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 …

Parliament Monsoon Session: Over 71,000 cases pending in high courts for more than 30 years, says Law Minister
1 year, 4 months ago

Parliament Monsoon Session: Over 71,000 cases pending in high courts for more than 30 years, says Law Minister

India TV News  

Lok Sabha: More than 71,000 cases are pending in various high courts across the country for over 30 years, Law Minister Arjun Ram Meghwal told Lok Sabha on Friday. In a written reply to a question, Law Minister Arjun Ram Meghwal said that as on July 24 this year, 71,204 cases were pending in high courts for over 30 years. …

Case pendency in HCs, district courts highest this year: Govt in LS
2 years ago

Case pendency in HCs, district courts highest this year: Govt in LS

Hindustan Times  

All high courts and district courts had more cases pending this year than in any previous year, according to data released by the government on Friday that showed 42.5 million cases yet to be concluded in the lower courts and 5.3 million in the appellate courts. The data released by the government came in response to a set of questions …

Nearly 1000 Cases Against MPs/MLAs Pending For Over 5 Years : Amicus Seeks Special Directions From Supreme Court For Speedy Trial
2 years, 1 month ago

Nearly 1000 Cases Against MPs/MLAs Pending For Over 5 Years : Amicus Seeks Special Directions From Supreme Court For Speedy Trial

Live Law  

On the last date of hearing, the Apex Court had 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 petition was filed by advocate Ashwini Upadhyay, seeking …

51 Former and Sitting MPs Face Trial Under PMLA, SC Told
2 years, 1 month ago

51 Former and Sitting MPs Face Trial Under PMLA, SC Told

News 18  

Fifty-one former and sitting parliamentarians face Prevention of Money Laundering Act cases lodged by the Enforcement Directorate, the Supreme Court has been informed. Senior advocate Vijay Hansaria, who has been appointed as amicus curiae in a plea for expeditious disposal of criminal cases against MPs and MLAs, informed the top court in his report in this regard. The amicus submitted …

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 …

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, …

Over 500 Criminal Cases Pending Against MP/MLAs In Maharashtra, Goa; Maximum Cases In Amravati District, Zero In Naxal Belt Of Gadchiroli
2 years, 9 months ago

Over 500 Criminal Cases Pending Against MP/MLAs In Maharashtra, Goa; Maximum Cases In Amravati District, Zero In Naxal Belt Of Gadchiroli

Live Law  

Amravati district of Maharashtra has the highest number of pending cases against MPs and MLAs in Maharashtra, while the Naxal infested Gadchiroli doesn't have a single pending case against sitting and former legislators, data submitted to the Bombay High Court revealed. Out of nearly 500 cases pending in various trial courts in Maharashtra, Amravati and Parbhani have 45 and 40 …

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 …

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 …

CBI, ED probe delay in MP, MLA cases irks Supreme Court
3 years, 3 months ago

CBI, ED probe delay in MP, MLA cases irks Supreme Court

Deccan Chronicle  

New Delhi: Expressing concern over inordinate delays in completing investigations by the Central Bureau of Investigation and the Enforcement Directorate in cases against MPs and MLAs, the Supreme Court on Wednesday reiterated that no case against incumbent or former MPs or MLAs should be withdrawn by state governments without the prior approvals of the high courts in question. At the …

'It's Easy To Say Expedite Trials; But Where Are The Judges?' Supreme Court
3 years, 3 months ago

'It's Easy To Say Expedite Trials; But Where Are The Judges?' Supreme Court

Live Law  

During the course of hearing of case related to trial of cases against MPs/MLAs, the Supreme Court made multiple observations regarding scarcity of Judges and lack of infrastructure in Courts and investigation agencies across the country. A Bench comprisingwas hearing a plea regarding the pendency of criminal cases against MPs & MLAs and expeditious disposal of the same by setting …

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 …

No Reasons Given By ED, CBI For Delay In Investigating Cases Against MPs/MLAs : Supreme Court
3 years, 3 months ago

No Reasons Given By ED, CBI For Delay In Investigating Cases Against MPs/MLAs : Supreme Court

Live Law  

The Supreme Court on Wednesday expressed grave concerns at the slow pace of investigation by the Enforcement Directorate and the Central Bureau of Investigation in cases against sitting and former MPs and MLAs.A bench comprising the Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant expressed displeasure at the ED and CBI for not indicating the …

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 …

Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case
3 years, 6 months ago

Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case

Live Law  

"Undue delay in concluding an investigation is infringement to right to fair and expeditious investigation and trial which flows from Article 21 of the Constitution," the Punjab and Haryana High Court has observed. The remarks have been made by a Division Bench of Justices Rajan Gupta and Karamjit Singh in the suo moto case for expeditious disposal of criminal cases …

Cases Against MPs, MLAs: Punjab and Haryana High Court Seeks Details Of Cases By April 30
3 years, 8 months ago

Cases Against MPs, MLAs: Punjab and Haryana High Court Seeks Details Of Cases By April 30

Live Law  

The Punjab and Haryana High Court on Tuesday gave a 10-day deadline to the Centre, State of Punjab, and Punjab Police to file their affidavits furnishing details of cases involving sitting and erstwhile parliamentarians and legislators of Punjab. The Court's has been clear in its intent to fast-track cases involving sitting and erstwhile MPs and legislators of Punjab, Haryana and …

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 …

Supreme Court To Hear Application Seeking Directions to Expedite Adjudication Of Cases Against MLAs/MPs Tomorrow
4 years, 1 month ago

Supreme Court To Hear Application Seeking Directions to Expedite Adjudication Of Cases Against MLAs/MPs Tomorrow

Live Law  

The Supreme Court will hear tomorrow an Application seeking directions to expedite the adjudication of case pending against Members of Legislative Assembly and Members of Parliament. "In addition to these Special Courts the Government has also designated Principle District and Session Court in every Session Division in the State of Tamil Nadu for the trial of session cases and cases …

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 …

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 …

UP Tops List In Sitting Legislators Accused Of Heinous Crimes; Ex-MPs, MLAs Face Trial in 4442 Cases PAN India: SC Told
4 years, 3 months ago

UP Tops List In Sitting Legislators Accused Of Heinous Crimes; Ex-MPs, MLAs Face Trial in 4442 Cases PAN India: SC Told

Live Law  

The Supreme Court has been informed that criminal cases pending against sitting & former MLA's and MPs are 4442 in number. The submission stipulates that in Uttar Pradesh, there are 1217 pending cases, out of which in 446 cases sitting legislators are accused. In Orissa, there are 331 cases, out of which in 220 cases sitting legislators are accused out …

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