Chandigarh, July 19

The Punjab and Haryana High Court today directed its registrar-general to examine whether the Supreme Court directions in the MP/MLAs cases were being complied with by all concerned.

The SC had, among other things, directed that the court must hear cases where stay was considered necessary on a day-to-day basis before disposing of the matter expeditiously. As the case came up for resumed hearing before the Bench of Justice Rajan Gupta and Justice Karamjit Singh, senior advocate Sumeet Goel referred to the SC order dated September 16, 2020.

Goel pointed out that the SC had asked the Chief Justices of all High Courts to forthwith list all pending criminal cases involving sitting/former MPs and MLAs, particularly matters where stay had been granted, before appropriate Benches comprising the Chief Justice and/or designates.

The SC had added the court, taking up the matters, would first decide whether stay granted, if any, should continue, keeping in view the principles regarding the grant of stay enshrined in its judgment in the case of “Asian Resurfacing of Road Agency Private Limited vs CBI”.

If stay was considered necessary, the court was required to hear the matter on a day-to-day basis and dispose it of preferably within two months, without any unnecessary adjournment. “It goes without saying that the Covid-19 condition should not be an impediment to the compliance of this direction, as these matters could be conveniently heard through videoconferencing,” the court had added.

The Bench also took note of amicus curiae Rupinder S Khosla’s reference to the SC order, stating that stay order would stand vacated on expiry of six months where matters remained pending for longer period, unless extension was granted by a speaking order. As such, the trial courts would proceed with the trial, notwithstanding any stay granted by the HC unless fresh order was passed extending the stay by recording reasons. The Bench asked the Registrar (General) to examine its earlier orders and report “whether all concerned are abiding by the directions given by SC in letter and spirit”. — TNS