The High Court has warned of appropriate orders in case the status of criminal cases and process of trial pending against the politicians in different subordinate courts is not filed by next date of hearing.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal has granted last and final opportunity in filing the report and affidavit detailing the status of criminal cases and the process of trial pending against the politicians of J&K and Ladakh.
“Learned counsel for the respondents pray for and are granted last opportunity to comply with the order dated April 21, 2025, failing which appropriate order shall follow”, the DB directed.
On April 21 the counsels representing the Government had prayed for a short accommodation to apprise the Court about the current status of cases pending before various courts against the MPs and MLAs as also to submit a report/affidavit in this regard.
Today when the matter was taken up no fresh report was filed by the authorities in this regard. Sr. AAG Mohsin Qadri has prayed for some time to apprise the court with regard to the process of trial of all cases pending before the different courts of law.
The Government has to inform the court about the number of trials which are pending in different subordinate courts as well as the matters pending in the High Courts against the MPs and MLAs. The bench is hearing the PIL registered as suo moto on the directions of the Supreme Court, directing for monitoring the progress of the trial of cases pending against the sitting and former Member Parliaments and Members of Legislative Assembly.
The three Judge bench of Supreme Court in a matter while passing a direction to all High Courts of the country asked the Chief Justices of respective High Courts while preparing the action plan also consider, in the event the trials against any politician is already ongoing in an expeditious manner, whether transferring the same to different courts would be necessary and appropriate.
“The action plan with comments and suggestions of the CJs of the High Courts, are to be sent to the Secretary General of this court preferably within a week” SC said. It has further been asked to CJs to list forthwith all pending criminal cases involving sitting or former legislators, particularly those wherein a stay has been granted, before an appropriate bench comprising CJ and other Judges.
The Supreme Court had also directed that no prosecution against a sitting or former MP or MLA shall be withdrawn without the leave of the High Court and asked for examination of withdrawals in light of the guidelines as laid down by the Supreme Court. It has also been cleared that in case passing of any stay order is necessary then in such eventuality courts should hear the matter on a day-to-day basis and dispose of the case expeditiously preferably within a period of two months without any necessary adjournment.
HCs have been directed to designate a Judicial Officer for all such cases, who shall try these cases on priority basis and the Judicial Officer can be allotted their work depending on the workload, number and nature of criminal cases against MPs and MLAs and such Judicial Officer shall have continuity of tenure for minimum period of two years. Daily Excelsior
