Madras HC Dispose Of Criminal Cases Against MPS/MLAS: Closes Suo Moto

Background

• In the case of Ashwini Upadhyay & Ors. Vs. Union of India it was directed that each High Court must assign pending criminal cases against MPs and MLAs to trial and session’s court to expedite their disposal.
• The Hon’ble Court observed that since the benches have been set up and infrastructure is in place, the suo moto proceedings need not be continued further. All the courts dealing with criminal cases should deal with them expeditiously as the business of that court permits and ensure that the matters are brought to a logical conclusion.
• In accordance with the directions of the Supreme Court, the matter was placed before the Criminal Rules Committee, an advisory arm of the Top Court, which submitted a report on 5th October 2020, in the view of which the Supreme Court opined that the information from the High Courts is required to provide more concerning the number of special courts for disposing of pending criminal cases against the sitting or former legislators.

Madras High Court Directions

• Madras High Court Bench of Hon’ble Chief Justice Sanjib Banerjee and Justice Senthilumar Ramamoorthy heard a suo moto writ petition where the Court had taken cognizance for monitoring the progress of the pending criminal cases against the MPs and MLAs in Trial Courts and High Courts to ensure compliance with the directions laid down by the Top Court in Ashwini Kumar Upadhyay& Ors. Vs. Union of India.
• The suo moto proceedings were initiated in view of the orders passed by the Supreme Court to monitor criminal cases against MLAs and MPs.
• The Madras High Court directed the Special Courts to hear pending criminal cases against MPs and MLAs to dispose of the cases as quickly as possible and closed the suo moto petition.

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