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For the monitoring of cases against MP/MLAs special guidelines issues by the SC

Last Updated on November 9, 2023 by News Desk

The Supreme Court issued a series of instructions aimed at closely monitoring the prompt resolution of unresolved criminal cases involving Members of Parliament and Members of Legislative Assemblies.

A panel consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that establishing consistent guidelines applicable to all states was challenging for the Supreme Court.

Simultaneously, the panel provided the following overarching instructions for overseeing the expedited resolution of pending cases:

  1. Chief Justices of High Courts are instructed to initiate a suo motu case under the title “In Re Designated Courts for MPs/MLAs” with the aim of overseeing the prompt resolution of pending criminal cases involving MPs and MLAs.
  2. The Special Bench responsible for the suo motu case is authorized to schedule hearings at periodic intervals as deemed appropriate. The High Court is empowered to issue any requisite orders and directives to ensure the speedy and efficient resolution of these cases.
  3. The High Court has the authority to task a Principal District & Sessions Judge with the responsibility of assigning relevant cases to the appropriate court.
  4. The designated court is instructed to give priority as follows: (i) to criminal cases against MPs/MLAs that carry penalties of death (ii) cases with sentences of 5 years or more, and (iii) all other cases.

As the Court clarified, while overseeing the cases in question, the special bench is empowered to issue any orders or directives that are deemed necessary to ensure the swift resolution of these cases.

Written By:- Shianjany Pradhan (SHIANJANYPRADHAN)

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