Tripura High Court
In Re: Designated Courts For Mps/Mlas vs Xxx on 29 November, 2023
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.714/2023
In Re: Designated Courts for MPs/MLAs
......... Petitioner(s).
VERSUS
xxx
.........Respondent(s).
Mr. S.S. Dey, Advocate General, as Amicus Curiae
Ms. A. Chakraborty, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE ARINDAM LODH
Order
29/11/2023
The instant matter has been instituted as a suo-motu case to
monitor early disposal of criminal cases pending against the Members of
Parliament and Legislative Assemblies in view of the directions contained in
the judgment dated 09.11.2023 passed by the Hon'ble Supreme Court in Writ
Petition (C) No.699 of 2016. The Apex Court has issued the following
directions for the concerned High Courts to comply with:
"(i) Learned Chief Justices of the High Courts shall register a
suo-motu case with the title, "In Re: designated courts for
MPs/MLAs" to monitor early disposal of criminal cases pending
against the members of Parliament and Legislative Assemblies. The
suo-motu case may be heard by the Special Bench presided by the
Learned Chief Justice or a bench assigned by them.
(ii) The Special Bench hearing the suo-motu case may list the
matter at regular intervals as is felt necessary. The High Court may
issue such orders and/or directions as are necessary for expeditious
and effective disposal of the subject cases. The Special Bench may
consider calling upon the Advocate General or the Public Prosecutor
to assist the Court.
(iii) The High Court may require the Principal District and
Sessions Judge to bear the responsibility of allocating the subject
cases to such court or courts as is considered appropriate and
effective. The High Court may call upon the Principal District and
Sessions Judge to send reports at such intervals as it considers
expedient.
(iv) The designated courts shall give priority:
(i) first to criminal cases against MP's & MLA's punishable
with death or life imprisonment then to (ii) cases punishable with
imprisonment for 5 years or more, and then hear (iii) other cases.
The Trial Courts shall not adjourn the cases except for rare
and compelling reasons.
(v) The learned Chief Justices may list cases in which orders
of stay of trial have been passed before the Special Bench to ensure
that appropriate orders, including vacation of stay orders are passed
to ensure commencement and conclusion of trial.
(vi) The Principal District and Sessions Judge shall ensure
sufficient infrastructure facility for the designated courts and also
enable it to adopt such technology as is expedient for effective and
efficient functioning.
(vii) The High Courts shall create an independent tab on their
website providing district-wise information about the details of the
year of filing, number of subject cases pending and stage of
proceedings. We make it clear that while monitoring the subject
cases, the Special Bench may pass such orders or give such
additional directions as are necessary for early disposal of the subject
cases."
Since the disposal of criminal cases of such nature also depends
upon the prosecuting agency, we request learned Advocate General to
appear in the matter and assist the Court. Let the name of Advocate General
appear in the cause list henceforth. Copy of the relevant records of the
instant writ petition be supplied to the office of learned Advocate General.
In order to obtain the status of the pending criminal cases
against the Members of the Parliament and Legislative Assemblies in the
State of Tripura, we direct the District & Sessions Judge of all the 8(eight)
districts to compile an updated report regarding the pendency of the cases
and the stages at which they are pending and also indicating causes of delay
if any, in their disposal till date. They would also report regarding
compliance of the direction of the Apex Court. The reports be submitted to
the learned Registrar (Judicial) of this Court within a period of two weeks.
Learned Registrar (Judicial) shall compile the reports and place it before the
Bench on the next date with advance copy to the learned Advocate General.
Let the matter appear on 20.12.2023.
(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ
Date: 2023.11.30
PULAK BANIK 17:15:10 +05'30'
