The Supreme Court had ordered all High courts to submit an affidavit before it specifying the number of criminal cases involving MPs and MLAs that had been pending for more than five years.
The court has occasionally issued a number of orders establishing special courts to hear certain issues, but the quantity of cases that are currently pending is substantial. In view of the same, the Court has passed the following directions:
- The Courts dealing with cases against MPs/MLAs shall exclusively try these cases. The cases should be heard on a day-to-day basis in terms of Section 309 Crpc. Accordingly, the allocation of the work to be made within two weeks.
- No adjournment is to be granted except under exceptional circumstances.
- Prosecution and defense ought to co-operate so there are no adjournments.
- If the accused delays the process their bail shall be cancelled.
- Cases involving sitting legislators to be given priority over former legislators.
- Forensic laboratories will give priority in furnishing the report in respect of cases being tried by the Special Courts and will submit all pending reports within a month.
- The SHO of the concerned police station shall be personally responsible to ensure production of accused persons before the respective courts on the dates fixed and the execution of NBWs issued by the courts. They shall also be responsible for service of summons to the witnesses and their appearance and deposition in the court
- Courts will use technology of video conferencing for examination of witnesses and appearance of the accused persons, to the extent possible.