Issue fresh orders to the magisterial court to hear the cases of MPs/MLAs: Supreme Court
New Delhi: The Supreme Court on Wednesday said that the Allahabad High Court has misinterpreted its order by not creating magistrate courts to hear cases against MPs/MLAs, instead allowing sessions courts to hear such cases.
Chief Justice N.V. Ramana and headed by Justice D.Y. Chandrachud and Suryakant told the High Court lawyer, don’t misinterpret our orders, we know what our orders are.
The Chief Justice further asked the lawyer, if you do not create magisterial courts and give cases to the Sessions Judges in charge, then for how many years will the cases go on? Was this our intention?
The High Court counsel argued before the apex court that there are around 13,000 cases pending against sitting and former MPs and MLAs in Uttar Pradesh and said that there are 62 special courts to try these cases. On August 16, 2019, the High Court issued a notification by which special courts of Additional District and Sessions Judges were constituted for 62 out of 74 districts of the state.
The bench emphasized that its previous order on the constitution of Sessions Courts and Magistrate Courts was quite clear, but the Allahabad High Court misinterpreted our order.
The High Court counsel submitted that the special courts were created at the session level and not at the magistrate level and it was done as per the orders passed by the apex court.
Referring to the order of the apex court on September 16 last year in advocate Ashwini Upadhyay case, the bench said that there is nothing to indicate that this court, in exercise of the powers under Article 142, can set up sessions triable by magistrates. Wants to transfer to court.
In its order, the top court said, “We further direct that in view of the circular dated August 16, 2019, the cases triable by magistrates pending before the Court of Session shall be transferred to the court of competent jurisdiction.”
However, the entire record and proceedings shall be transferred to the Court of the Designated Magistrate and the proceedings shall commence from the stage which has been reached before the transfer of the proceedings. This will not have to start the test all over again.
The top court said that these directions will govern the enormity of cases involving former and sitting MLAs in UP, to be considered by special courts by sessions courts or, as the case may be, by magistrate’s courts in terms of the provisions of the Code of Criminal Procedure, 1973. To be done. The top court said that the high court should issue a fresh circular in line with this order.
It also clarified that the High Court should ensure allotment of criminal cases involving former and existing assemblies to as many sessions courts and magistrate courts as may be required, so that the cases triable by a magistrate can be assigned to the designated court of a magistrate. Whereas the cases triable by the Court of Session are referred to the designated Court of Session.
The top court was hearing applications filed by senior SP leader and MP Azam Khan against the notification issued by the Allahabad High Court.
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