In a significant move, the Delhi High Court has emphasized the need for expediting the resolution of criminal cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs). The court urged judges to prioritize all criminal cases, appeals, and reviews related to public representatives, aiming for a quicker and more effective handling of these matters.
The directive came from a division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Preetam Singh Arora, who reviewed the pending cases against legislators on their own initiative (suo moto). The bench ordered the registry to reassign or redistribute cases that were lingering before a single judge, highlighting that 34 cases had been under stay for more than six months.
"This will ensure that cases under stay are resolved swiftly... Special courts set up for the trial of such cases can expedite their resolution," the court stated in its order. Moreover, following the Supreme Court's judgment in the Union of India vs Ashwini Kumar Upadhyay case of 2016, the high court directed the registry to distribute copies of the judgment to judges handling criminal cases against legislators, underscoring the necessity of fast and effective trials.
The court further ordered that special MP/MLA courts should prioritize cases involving death sentences or life imprisonment, followed by cases sentencing imprisonment for five years or more. "We urge all judges to avoid adjourning these cases unless there are extraordinary and compelling reasons," the order emphasized.
This directive represents a crucial step towards ensuring accountability and swift justice in criminal matters involving elected representatives, potentially leading to a significant impact on the legal and political landscape.
