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New Delhi: Expressing deep concern over the delayed trial in CBI cases against sitting and former MPs and Members of Legislative Assembly (MLAs), the Supreme Court on Thursday ordered the Center and state governments to set up additional courts in states where 100 There are more such cases. Pending.
A three-judge bench headed by Chief Justice NV Ramana said at present there is only one special court in each state to process these cases, some of which were filed a decade ago, which it called “an exercise of justice”. ridicule”.
Observing that it is not possible to have one or two courts in the State to expedite all the trials or to hear cases on a daily basis, the bench sought to create more special courts to decongest the existing courts and ensure easy access to witnesses. suggested. The bench said that these courts would also be able to dispose of the cases expeditiously.
The Supreme Court ordered senior advocate Vijay Hansaria, who is assisting the bench as amicus curiae in the matter, to submit a report on pending criminal cases against MPs filed by federal probe agencies Central Bureau of Investigation (CBI) and the Enforcement Directorate. Came a day after. (Ed).
The order said that 121 CBI cases are pending against sitting and former MPs, while 112 involve sitting and former MLAs. Further, as per the order, 37 cases are still in the investigation stage, with the oldest FIR registered on October 24, 2013.
During the hearing on Wednesday, the Supreme Court had also expressed displeasure over the agencies not disclosing the reasons for delay in investigation in its sealed cover report, which was submitted to the bench as well as to Hansaria.
The court’s order came on a Public Interest Litigation (PIL) filed by advocate Ashwini Upadhyay, who has sought a life ban on contesting elections of convicted MPs and MLAs.
Read also: Criminal cases against MPs and MLAs cannot be withdrawn without HC’s nod, Supreme Court rules
Supreme Court asks CBI to take all necessary steps to resolve pending cases
In its Thursday order, the top court took note of cases that were filed a decade ago but were still pending due to non-appearance of accused, framing of charges or prosecution evidence.
Without going into the details of each case, the bench asked the CBI to take necessary steps to ensure the presence of the accused and to provide necessary assistance to the CBI courts for framing of charges to expedite the conclusion of the cases.
The Supreme Court bench also recorded Solicitor General Tushar Mehta’s assurance that he would take up the issues related to expansion of adequate manpower and infrastructure to deal with these cases with the Director of CBI.
In September last year, the top court had ordered chief justices of all high courts to constitute special benches to monitor the progress of all criminal cases against elected representatives.
In Thursday’s order, the court further directed each of the HCs, to take necessary steps to expedite the pending trials and to conclude the same within the time limit already prescribed by its previous orders.
The court further directed Mehta to file a reply to Hansaria’s submissions, particularly with regard to the constitution of a monitoring committee to assess the reasons for delay in investigation by the court.
It also clarified that the court’s order of 16 September 2020, which had directed for speedy disposal of cases in cases involving MPs and MLAs, pertained to speedy trial of cases at the trial stage and not acquittals. From appeals filed by MPs in
(Edited by Rachel John)
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