Guwahati: Gauhati High Court directed its registry to take necessary steps for listing all the 20 pending criminal petitions and criminal revision petitions involving MPs or MLAs before a special bench within 10 days, after obtaining the necessary approval of the chief justice on the administrative side.
A division bench of Justice Suman Shyam and Justice Arun Dev Choudhury passed the direction while hearing a suo moto writ petition on Monday, taken up in terms of the direction issued by the Supreme Court in a case on Sept 16, 2020, directing the constitution of a special bench. The SC sought detailed reports from all the high courts regarding the pendency of criminal trials against persons involving sitting legislators/ex-legislators and taking necessary steps for streamlining the trials for expeditious disposal.
The high court, during the hearing on Monday, took note of a report submitted by its registrar general on July 25, in which it was stated that as many as 20 criminal petitions or criminal revision petitions involving MPs or MLAs are pending before the principal seat of the high court. It was further noted by the high court that as per the said report, these matters were listed from time to time, however, there is no material available on record to indicate the progress made therein to date.
"Insofar as the district judiciary is concerned, the report mentions several pending cases involving the MPs/MLAs. However, from the said report, it is not possible to ascertain the progress, if any, that might be made in those cases since the filing of the report dated July 25, 2024," the court stated.
Taking note of the overall facts and circumstances of the case, the court directed its registry to furnish copies of the report to the additional advocate generals of Arunachal Pradesh, Mizoram, and Nagaland within a week from Dec 9 to enable them to come up with their response. The Court, while directing the registry to list the cases before a special bench within 10 days, stated that it would be expected that the special bench so constituted for the purpose shall take all possible steps for the expeditious disposal of these cases.