Delhi HC Issues Mandate for Swift Disposal of Cases Against MPs and MLAs

The Delhi High Court mandated the swift disposal of approximately 200 lingering criminal cases involving former and current lawmakers, particularly those subject to trial delays exceeding six months.

A bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna, in a suo motu case addressing the disposal of criminal cases against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs), directed monthly progress reports on these cases, inclusive of reasons for any delays.

The court emphasized the provision of ample infrastructure and technological support to the lower courts assigned to handle these matters.

As of November, the court and amicus curiae reported around 100 pending cases involving former MPs and MLAs at the high court, with additional cases at the designated sessions judge and additional chief metropolitan magistrate courts standing at 64 and 49, respectively.

Citing the Supreme Court’s directives on November 9, the court issued directives for the expeditious disposal of cases against legislators.

It mandated daily or at least weekly hearings in trial courts, particularly for cases with stay orders extending beyond six months.

The court directed the designated courts to adhere diligently to the Supreme Court and high court directives regarding case disposition.

A monthly report from the Rouse Avenue Courts, housing the designated courts, was mandated, summarizing the progress and actions taken for swift case resolution, including specific reasons for any delays.

The court ordered the creation of an independent tab on its website to provide information on the cases’ status and directed the registrar general of the high court to submit status reports every two months, with the next hearing scheduled for February 26.

In October 2020, the Delhi High Court initiated suo motu proceedings in response to the Supreme Court’s call for high courts to monitor pending criminal cases against MPs and MLAs.

In April of the following year, the high court instructed trial courts to prioritize cases involving sitting and former MPs/MLAs, appointing senior advocate Sandeep Sethi as an amicus curiae.

The Supreme Court had earlier directed all high courts to promptly list pending criminal cases involving MPs and MLAs where stay orders were in place, citing persistent delays in their resolution.