The Supreme Court on Thursday expedited the disposal of criminal cases against the members of legislative assemblies and Parliament, directing high courts across the India to register cases on their own motion to monitor such trials and priorities those cases which entail death sentence or life imprisonment as maximum punishment. A guilty verdict in murder cases leads to either death penalty or life term for the convicts.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra observed that it was difficult for the Supreme Court to lay down uniform guidelines applicable across the States and left it to the High Courts to evolve such measures for effective monitoring of such cases by invoking its powers under Article 227.

“The special Bench may list the matter at regular intervals as felt necessary. The high court chief justices may issue such orders and directions as necessary for expeditious and effective disposal of the cases,” said the bench, also comprising justices PS Narasimha and Manoj Misra, adding the special bench can either be led by HC chief justices of judges nominated by them.

The Supreme Court asked the High Courts to register suo motu cases for effective monitoring and disposal of cases involving MPs/MLAs.

Additionally, the Supreme Court specified that following the prioritization of cases with death penalty or life imprisonment implications, those involving a prison term exceeding five years should be given precedence. This approach aims to streamline the judicial process, ensuring a focused and efficient handling of cases with varying degrees of severity.

In a comprehensive directive, the Supreme Court has not only emphasized the need for adequate infrastructure in trial courts but has also instructed high courts to establish a dedicated section on their websites. This section is designed to provide public access to information about cases involving lawmakers, including the year of filing, current status, and other pertinent details. This transparent approach aims to enhance accountability and keep the public informed about the progress of these significant legal proceedings. What are your thoughts on this move towards transparency?

Senior counsel Vijay Hansaria, assisting the court as amicus curiae in Upadhyay’s plea, had in his report in September underlined the need for expeditious disposal of trials pending against MLAs/MPs as there are 5,175 cases pending across various trial courts in the country. Of these, 2116 cases, translating to around 40% of such cases, were stated to be pending for more than five years, with the largest cases being reported from Uttar Pradesh (1,377), followed by Bihar (546) and Maharashtra (482).