Subhasri Chatterjee 24 November 2020
Yes, Special Courts can be set up for the expeditious trial of criminal cases against Ministers.
Recently, a three-judge Bench of the Supreme Court has said that the setting up special courts to expeditiously try sitting and former MPs and MLAs accused of various crimes is in public interest and will enhance faith in judiciary. The Bench was considering a report filed by a committee of the Madras High Court that raised reservations over the setting up of special courts to exclusively try legislators for various offences. The Special Courts can only be constituted by a statute and not by executive or judiciary.The Special Courts should be “offence-centric” and not “offender-centric. For example, an MP/MLA, who commits an offence under the POCSO Act can only be tried by a Special Court created under the POCSO Act and there cannot be another Special Court exclusively for trial of an MP/MLA, who commits POCSO offence.
Hope this answer helps you.
Ananth Thiyagarajan 24 November 2020