Suo Moto Petition Registered by the Madhya Pradesh High Court and Issue Notice

The Madhya Pradesh High Court i.e. Jabalpur Bench in yielding of the order of the Supreme Court dated 16.09.2020 passed in Writ petition (Civil) No.600/2016 (Ashwini Kumar Upadhyay & others vs. Union of India & others, registered a suo motu petition on 21.09.2020 for monitoring the progress of the trials of the pending criminal cases against sitting/former Legislators (MPs & MLAs).

Additionally, the Division Bench of the then Chief Justice Ajay Kumar Mittal and Justice Sanjay Yadav on 29th September issued notice to the respondents, who were

(1) Union of India through Secretary, Department of Justice, Ministry of Law & Justice, New Delhi;

(2) The State of M.P. through the Chief Secretary, Vallabh Bhawan, Bhopal,

(3) High Court of M.P. Jabalpur through the Registrar General and

(4) The Principal Secretary, Department of Law & Legislative Affairs, Govt. of M.P., Vallabh Bhawan, Bhopal (M.P.).

It must be brought into notice that the Supreme Court on 16th September had asked the Chief Justices of the High Courts to formulate an action plan to rationalize the disposal of criminal cases pending against legislators. Especially, with an aim to enable “timely action” in criminal cases pending against sitting and former MPs and MLAs, the High Court of Manipur on 1st October directed the State Government to create two “exclusive Special Courts” at Imphal at the Sessions and Magisterial levels

In addition to that the Court asked the State Government to ensure that they cooperate and take initiative in the establishment of “safe and secure witness examination room” and the provision for “Video Conferencing” in these Courts for early and speedy conduct of the trials.

Not so long ago even the Division Bench of the Orissa High Court comprising Chief Justice Mohammad Rafiq and Justice B. R. Sarangi asked the Advocate General AK Parija to obtain instructions and file details of the criminal cases pending before different the courts of all the districts of Odisha against sitting/former M.Ps and M.L.A.s

Even, the Karnataka High Court has directed the Registrar General of the Court to register a suo motu petition, in view of the directions issued by the Supreme Court.




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