A Division Bench of the Punjab and Haryana High Court comprising Justice Rajam Gupta and Justice Karamjit Singh has initiated suo motu proceedings of the cases pending against MP’s/ MLA’s in compliance with the order passed by the Supreme Court. (Court on its own Motion v. State of Punjab & Ors.)
“By the next date of hearing, registry may supply a list of cases pending against MPs/MLAs in this court whether in the nature of civil or criminal proceedings.”
Submission by the Petitioner
The Counsel for the Petitioner submitted that in order to ensure compliance of orders passed by Hon’ble Supreme Court in Ashwani Kumar Upadhyay v. Union of India and another WP(Civil) No. 699 of 2016, the order shall be brought to the notice of the concerned courts.
Submission by the Respondent
The Learned counsel representing various investigating agencies as well as prosecution assure the court that this matter shall be looked into and all earnest efforts shall be made before the next date of hearing.
Judgment of the Court
The Court looked into the suggestion furnished by the Amicus Curiae that in all those cases where the stay is operating, respective investigating/prosecuting agencies need to move an application for vacation of stay in view of Ashwani Kumar Upadhyay’s case.
Considering the long pendency of cases against the MP/MLA’s, the Court held that,
“This court has no hesitation in making it clear that in case needful is not done, it has no option but to seek personal appearance of all the senior Officers who are entrusted with supervising the stage of pending investigations/trials.”
Therefore, The Court listed the matter on 03.09.2021 for the next hearing and directed the registry to supply a list of cases pending against MPs/ MLAs in this court whether in the nature of civil or criminal proceedings.
Case Details
Case:- CM-51, 53 & 54-CWP-PIL-2021 & CWP-PIL-29-2021 (O&M)
Judge: Justice Rajam Gupta and Justice Karamjit Singh
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