In a significant move towards ensuring the timely resolution of criminal cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs), the Delhi High Court has recently issued a set of directives. The Division Bench, led by Acting Chief Justice Manmohan and Justice Mini Pushkarna, has taken a proactive stance to streamline the legal proceedings and expedite the disposal of such cases.

The court has mandated designated courts handling cases against MPs and MLAs to schedule hearings at least once a week, discouraging unnecessary adjournments. Notably, the High Court emphasized the importance of day-to-day hearings whenever the examination or cross-examination of a witness extends beyond a single day.

A crucial aspect of the court's directions involves the expeditious disposal of revision petitions related to these matters. The order urges designated Sessions Courts to strive for resolution within six months, and for single judges of the High Court to dispose of pending petitions promptly.

The High Court has also addressed cases where trial stays have persisted for more than six months. These cases are now directed to be resolved promptly by the relevant court benches, with the Registrar General instructed to provide a status report on such cases before the next hearing.

To enhance transparency and accessibility, the court has instructed the Registrar (Information Technology) to create a dedicated section on the High Court's website. This section will furnish details on the number of cases pending against MPs and MLAs, including filing year, current stage of proceedings, and other pertinent information.

The Principal District and Sessions Judge, cum-Special Judge (PC Act) (CBI), at the Rouse Avenue Court Complex, designated as the MP/MLA court, has been tasked with ensuring equitable distribution of pending cases among designated courts. The court acknowledges the need to consider the nature and complexity of cases, particularly those involving multiple accused persons or a large number of witnesses.

Furthermore, the court stressed the importance of technological infrastructure to facilitate efficient functioning. The Principal District and Sessions Judge, along with the Central Project Coordinator of the High Court, is mandated to ensure the availability of necessary technological tools for designated courts and to provide training when required.

This series of directives stems from a suo motu case initiated in 2020 to align with the Supreme Court's guidelines for the speedy disposal of cases against MPs and MLAs. The court has instructed designated courts to diligently follow both Supreme Court and High Court directives. Monthly progress reports, including summaries of work done, action plans, and reasons for any delays, are to be submitted to the High Court.

Senior Advocate Sandeep Sethi is serving as amicus curiae in this case, assisted by advocates Sumer Dev Seth and Shreya Sethi. The High Court has committed to reviewing the matter every two months, ensuring ongoing oversight to enforce the expeditious disposal of cases against public representatives.

Case: COURT ON ITS OWN MOTION vs UNION OF INDIA & ORS,

W.P.(CRL) 1542/2020.