New Delhi:The Supreme Court was on Tuesday informed that there were 4,122 criminal cases pending, some for over three decades, against present and former members of Parliament and legislative assemblies.A bench headed by Chief Justice Ranjan Gogoi will on Tuesday take up the issue relating to the criminal cases against the present and former legislators on a Public Interest Litigation.
After being told that as many as 4122 cases are pending against present and former legislators in the country, a bench presided over by Chief Justice Ranjan Gogoi said, “Instead of one special court in each district, we request high courts to allocate criminal cases to as many courts as it may find expedient.” The bench, also comprising Justices Sanjay Kishan Kaul and K M Joseph, said for now, the cases that were transferred to special courts in states of Kerala and Bihar should be sent back to jurisdictional courts or the courts concerned in each district. The order was passed by a Bench of Chief Justice of India, Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph after considering the report and suggestions by Amicus Curiae Vijay Hansaria.The Amicus had suggested that one Sessions Court and one Magistrate Court be designated in each district for hearing cases against law makers.
The Court, however, modified the same and said that High Courts could distribute such cases to as many Sessions and Magistrates courts as it deems fit.The submissions were made in the course of the hearing of the plea filed by lawyer and BJP leader, Ashwani Kumar Upadhyay to provide adequate infrastructure for setting up Special Courts to decide criminal cases against people’s representatives, , public servants and members of the judiciary. During the hearing on November 1, a bench comprising Chief Justice Ranjan Gogoi, Justice U. U. Lalit and Justice K. M. Joseph had sought detailed data on the pending criminal cases against legislators in order to decide on the need for constituting more special courts for dealing with such cases.