Thread by @barandbench

#SupremeCourt is hearing the plea regarding jurisdiction of courts hearing cases against MPs and MLAs

Sr Adv Vijay Hansaria: please slot a date for this case to be heard

Sr Advocate Kapil Sibal: we have no problem that case proceeds in sessions court if provided in statute or under order under Article 142 .. but this court directed that such matters have to be heard by magistrate court so that appeals can be filed

Sibal: Justice RF Nariman had already stayed such a decision

SC: Where is the clarificatory orders and what is the date?

Sibal: it was Dec 4, 2018

Sibal: order said instead of designating one magistrate court to each district, High courts can allocate as many session courts and magistrate courts for such cases against MPs MLAs. In Allahabad, there is no magistrate court. how can my right of appeal be taken away

Hansaria: there is one thing what is desirable and another thing to say that its about jurisdiction. This court had dealt with the point in coal block cases that right of appeal will not be hindered. special court is for a purpose

CJI: What is the citation?

Hansaria: the citation of the coal block case was of 2017...

Hansaria reads judicial precedents on the concept of fair trial: if the statute like POCSO does create special court at sessions level with right of appeal to high court. Thus special courts were also set up this particular case under Article 142

DYC J: one question is power of SC under Article 142 to designate a a judge as a special court but the question is nature of jurisdiction the special court exercises ..it has to be in accordance with a statute. if statute is magistrate then this court cannot say sessions judge

DYC J: you cannot disturb the statutory arrangement under the statute whether its special court or magistrates court.

Justice Kant: as far as coal allocation is concerned this court held all offence of Prevention of corruption act was involved. we must be correct on facts

Justice Kant: this will be come amending the CrPC through a judicial order. that cannot happen

Justice Kant: look at the difference between coal block cases and this one. this one has an order of special courts by sessions judge and magistrates.

CJI: Mr Mehta if you have to say anything indicate it and then we will hear you .. today we are not deciding it

SG: Mr Sibals argument may be the correct one in view of the seven judges decision in Antulay's case. suppose magistrate takes cognizance wrongly and transfers the matter to sessions judge.. these are the issues court may have to consider.

CJI: come with your clear argument so that we can form an order. we have to take a balanced and practical view. submit your detailed arguments by tomorrow and we can have it day after

Sibal: the zakia jafri matter will continue on Tuesday and Wednesday.

CJI: List the matter on 24th November ..Please focus on law and not too many judgments. Law is very clear on this.
#supremecourt

CJI: Madras HC has also raised a concern because some cases are to be tried by magistrates and cannot go before sessions judge.

SG: But they have gone a step further to say that SC could not have asked a special judge to hear only cases of MPs and MLAs

CJI: on jurisdiction and logistic issues. on logistics we asked HC to form a committee and create as many as special courts as possible.

The matter to be heard on a Hybrid mode. #supremecourt