By Our Reporter
SHILLONG, Nov 17: The High Court of Meghalaya has instructed the District and Session Judges of each district to provide reports on any matters that are currently ongoing in their courts against MLAs and MPs.
In compliance with the Supreme Court’s ruling in Ashwini Kumar Upadhyay V/s Union of India & Another, Writ Petition (C) No. 699 of 2016, an instant suo-motu case has been filed under the title In-Re: Designated Courts for MPs/MLAs to monitor disposal.
Following the Supreme Court’s ruling, Chief Justices of the higher courts are required to file a suo-motu case under the heading “In Re: designated courts for MPs/MLAs” in order to oversee the prompt resolution of criminal matters that are pending against members of parliament and state assemblies.
The Learned Chief Justice’s Special Bench or a bench designated by them may hear the suo-motu case.
The Supreme Court’s judgement states that the High Court may give any orders and/or directions required for the prompt and efficient resolution of the subject cases, and the Special Bench hearing the suo-motu case may list the matter on a regular basis as it deems necessary.
The order further specified that the Principal District and Sessions Judge may be required by the High Court to assume the duty of assigning the relevant cases to the court or courts that are deemed most suitable and efficient. The Principal District and Sessions Judge may be asked to provide reports by the High Court at any time it deems appropriate.
It was mentioned that criminal proceedings against MPs and MLAs that have a maximum sentence of death or life in prison will be heard by the specialised courts first, followed by charges carrying a maximum sentence of five years in jail.
The Principal District and Sessions Judge has been requested to guarantee that the designated courts have adequate infrastructure and to allow them to implement any technology that is necessary for their efficient and productive operation.
Additionally, the High Courts have been requested to set up a separate tab on their website that offers district-specific facts like the year of filing, the number of pending cases, and the stage of the processes.
A copy of this order and the Supreme Court’s ruling will also be sent to the Attorney General and all relevant District and Session Judges of the courts within the High Court’s jurisdiction.