SC requests that HCs form a bench to oversee criminal proceedings of legislators.

In a landmark decision, the Supreme Court ordered all high courts (HC) to form a special bench and file a suomotu case in order to keep an eye on criminal cases that are still outstanding against Members of Parliament (MPs) and MLAs and to guarantee their prompt resolution.

In response to a PIL filed by AshwiniUpadhyay, asking for the early resolution of ongoing criminal charges against legislators, a bench led by Chief Justice DY Chandrachud issued a number of directives to high courts and trial courts.

The highest court stated that it would be challenging to provide trial courts with consistent rules for the prompt resolution of matters involving legislators.

According to the ruling, the high courts will form a special bench to oversee the criminal proceedings of the politicians, which will be chaired by the chief justice or a bench that the chief justice designates. According to the statement, the high courts may request reports on the progress of the trials against the politicians in criminal cases from special lower courts.

It stated, “The trial courts shall not, unless for rare and compelling reasons, adjourn the hearing of the cases against the members of parliament, MLAs, and MLCs.”

The CJI stated while delivering the ruling that the primary district and sessions judges will make sure that designated special courts trying legislators have access to adequate facilities and technology.

The bench was hearing a Public Interest Litigation (PIL) brought by lawyer AshwaniDubey. The PIL sought redress such as speedy trials for accused parliamentarians and the establishment of special courts nationwide for this purpose, in addition to a lifelong ban on politicians upon conviction in criminal cases.