SC to hear application for expediting adjudication of cases against MLAs & MPs tomorrow

A Supreme Court bench comprising Justices NV Ramana, Surya Kant and Aniruddha Bose will hear on Wednesday an application to expedite the adjudication of cases against MLAs and MPs. The original writ petition had been filed by Advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution. According to the petitioner, the state had failed to prioritize the issue of speedy disposal of criminal cases against MLAs and MPs despite the SC's orders in this regard.

Upadhyay contended that some political persons are "leaving no stone unturned" to defeat the cause of expeditious disposal of such cases. He urged the apex court to issue a direction mandating that the cases against MLAs and MPs must be decided within a period of one year. Moreover, he called upon the SC to fill up vacant posts of judges; to take action against the accused or anyone else who delays service of the summons and to pass strictures against orders granting a stay on such pending cases. 

Read: SC Stays NGT Order Slapping Penalty On Noida Unit For Unauthorised Water Extraction

Read: Plea In SC For Early Hearing Of Batch Of Petitions Challenging Centre's Decision On Article 370

Petitioner cites Tamil Nadu's case

In the petition, Upadhyay pointed out that the SC in 2017 had ordered the constitution of special courts to deal with criminal cases against sitting MLAs and MPs following which the Centre proposed to set up 12 fast track courts. He added that the apex court had also directed the transfer of existing cases against the legislators to the respective special court. However, the petitioner alleged that the Tamil Nadu government had collaborated with politicians belonging to every party to prevent the speedy disposal of cases.

For instance, he claimed that the TN government had failed to set up "exclusive courts" for the trial of MLAs and MPs. Upadhyay also lamented that these cases get repeatedly adjourned owing to the absence of judges. Furthermore, he stated that there are several cases in which politicians approach the High Court or the apex court to get a stay citing they were not elected at the time of the offence. As per the petitioner, such cases in TN are not moving forward at all. Upadhyay maintained that his present application is "bonafide" and "in the interest of justice". 

Read: SC Defers Hearing To Nov 5 On Pleas Related To Loan Moratorium Scheme

Read: SC Asks Trial Courts To Expedite Hearing In Cases Against Foreign Tablighi Jamaat Members

(Image credits: PTI)