Thread by @barandbench

#SupremeCourt to resume hearing a plea PIL filed by @AshwiniUpadhyay , seeking speedy trial in cases against MPs and MLAs by setting up of special courts. Amicus Curiae and Sr Advocate Vijay Hansaria has submitted a report laying down the status of trials against MP, MLAs

As per the amicus report, criminal cases pending against sitting and former MPs and MLAs registered a 17% jump in less than two years.
#supremecourt

The amicus curiae report highlights a trend of state governments trying to withdraw cases against their party MPs and MLAs #supremecourt

The amicus report states that UP government has sought to withdraw 76 cases against elected representatives, including the Muzaffarnagar riot cases against Sangeet Som, Kapil Dev, Suresh Rana and Sadhvi Prachi #supremecourt @UPCMOffice

The report by Sr Adv Hansaria laid down four instances wherein the state governments had issued orders to end criminal cases against politicians by using its power under section 321 of the Code of Criminal Procedure (CrPC) #supremecourt

Matter to be heard shortly
#supremecourt

Sr Adv Vijay Hansaria: I have filed a status report yesterday

CJI: Where is CBI?

Sr Adv Vijay Hansaria: I received the status report from Enforcement Directorate but not from CBI

SG: CBI has not filed yet

CJI: We are reading these reports in newspapers. They don’t send us anything. We get everything in the evening, we don’t know anything. On 10.9.2020 we placed an order Mr Mehta

CJI: On 6.10.2020 again further time was sought by Centre to submit a status report. Then further time was granted. Today also the situation is also the same.

CJI: You have only given the name of the accused and the case but nod details like which is the oldest case, numbers etc.

SG: I agree we are lacking. We filed a report yesterday on behalf of ED. I emphasized the need to CBI director to immediately place before your lordships

CJI: This does not work. Somethings have to be presumed. What else can we say to express our displeasure, we were told Centre is concerned about pending cases against MPs MLAs.

Sr Adv Hansaria: What has happened is disturbing as cases are pending for over 7 years. Let Mr. Mehta reply

SG: There is nothing adversarial.

CJI: this way it does not work. we are taking it up after more than a year. lot of time has passed. special bench has to be constituted to monitor these cases. this way it does not work

SG: I bow to an expeditious hearing. We will comply if you grant us the last opportunity.

Sr Adv Hansaria shows page 8 of the report submitted to #SupremeCourt: this is the issue of withdrawal of cases against MPs MLAs by the state government. Govt of Karnataka gave orders to withdraw cases against 61 such leaders... In Uttarakhand too such a action was taken

Hansaria: UP government has sought to withdraw 76 cases against elected representatives, including the Muzaffarnagar riot cases against Sangeet Som, Kapil Dev, Suresh Rana and Sadhvi Prachi

Hansaria: no withdrawal of cases should be allowed without the leave of the High Court.

CJI: Come to the next issue

Hansaria: next is regarding judicial officers and that the judges hearing should continue for sometime or at least for 2 years unless there is some grave emergency

Hansaria: if the matter is coming up for final hearing, I can highlight some judicial orders which have been brought before me

CJI: some of the offences are not triable by sessions court and need to be before magistrate court

CJI: The jurisdiction requires a re-look and its a thing we will look into. We will seek some clarification from Karnataka, Madras, Gujarat etc regarding jurisdiction issues

#supremecourt

Counsel for Gujarat: there are 7000 appeals pending in Gujarat.

CJI: This bench will clarify all such matters. we will consider the withdrawal of cases and continuity of judicial members

CJI to SG Mehta: we are giving you two weeks. this is the last opportunity. you also have to answer regarding the video conferencing facilities to be put in place.

CJI: Matter adjourned for two weeks on request for SG Mehta. serve it within 10 days to amicus for his report on the same. we are in receipt of the report by amicus curiae on orders of this court. issue 3, to 6 are substantial question of law and will require detail arguments

CJI: The high courts are requested to examine the withdrawal of cases against MP MLAs since 16.9.2020 in reference to the Supreme Court judgment of Statate of Kerala vs K Ajith.

CJI: Reg General of all HCs are required to submit a chart of judges, cases pending, cases disposed off etc before this court. judges in CBI courts, special courts hearing the cases to continue till further orders. If retirement etc is on the way HC to look into individual cases

CJI: List the matter on August 25, 2021. Mr Mehta we hope and trust that this time reply will be filed. Where is Mr Mehta, he has disappeared.
#supremecourt

CJI: Issue of misuse of power under 321 regarding withdrawal of cases is before us. No prosecution against MP MLA to be withdrawn without leave of High Court in suo motu case pursuant to our order