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MUMBAI: Bombay high court on Wednesday sought a list of criminal prosecutions that were withdrawn against legislators–Members of Parliament (MPs) and Members of Legislative Assembly (MLAs)–both current and former between September 2020 and August 2021.
The HC bench of Chief Justice Devendra Kumar Upadhyaya and Justice N J Jamadar was hearing a suo motu petition that the HC had taken up last year to ensure effective ways for compliance of the Supreme Court ruling on expediting criminal trials against elected representatives (sitting and former).
Maharashtra Advocate General Birendra Saraf submitted before the Bench that the SC had by its order of September 16, 2020 directed the Chief Justice of the High Courts to designate a special bench, comprising themselves and their designate to inter alia monitor progress of the trial of criminal cases involving prosecution of (sitting and former) elected representatives.
And by an order dated August 25, 2021, the SC clarified that its 2020 order was for pending trials, and said criminal appeals pending before the High Court are required to be taken up as per their turn and need not be given an out of turn hearing.
Saraf said the types of cases included cases where a stay had been granted on trials, and those where prosecution was withdrawn. The HC is to examine whether the withdrawals post September 16, 2020 were properly and legally done.
The HC in its order said, “monitoring the progress of trials involving prosecution of sitting or former elected representatives in the State, we direct that the Registrar General of this Court shall submit a list by the next date of listing of such trials pending in the district courts” and also list of pending trials which are stated.
The HC also requested advocate general Birendra Saraf to submit by December 11, the list of cases withdrawn or where withdrawal was proposed between September 16, 2020, and August 25, 2021, when the matter will next be heard. Meanwhile, lawyer Pranil Sonawane mentioned about eight cases which will be considered later.
The HC bench of Chief Justice Devendra Kumar Upadhyaya and Justice N J Jamadar was hearing a suo motu petition that the HC had taken up last year to ensure effective ways for compliance of the Supreme Court ruling on expediting criminal trials against elected representatives (sitting and former).
Maharashtra Advocate General Birendra Saraf submitted before the Bench that the SC had by its order of September 16, 2020 directed the Chief Justice of the High Courts to designate a special bench, comprising themselves and their designate to inter alia monitor progress of the trial of criminal cases involving prosecution of (sitting and former) elected representatives.
And by an order dated August 25, 2021, the SC clarified that its 2020 order was for pending trials, and said criminal appeals pending before the High Court are required to be taken up as per their turn and need not be given an out of turn hearing.
Saraf said the types of cases included cases where a stay had been granted on trials, and those where prosecution was withdrawn. The HC is to examine whether the withdrawals post September 16, 2020 were properly and legally done.
The HC in its order said, “monitoring the progress of trials involving prosecution of sitting or former elected representatives in the State, we direct that the Registrar General of this Court shall submit a list by the next date of listing of such trials pending in the district courts” and also list of pending trials which are stated.
The HC also requested advocate general Birendra Saraf to submit by December 11, the list of cases withdrawn or where withdrawal was proposed between September 16, 2020, and August 25, 2021, when the matter will next be heard. Meanwhile, lawyer Pranil Sonawane mentioned about eight cases which will be considered later.
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