Synopsis: An affidavit filed by the state in relation to the steps it took to fast-track long-pending criminal proceedings against former and sitting legislators has been reported by the Orissa High Court.
On Thursday, an affidavit filed by the State government on the steps it was taking to fast-track long pending criminal proceedings against former and sitting legislators was taken on record by the Orissa High Court.
Chief Justice Mohammad Rafiq and Justice Biswanath Rath’s division bench noted that the affidavit of the State lacked information on the facilities, such as staff and building requirements, as well as a time frame for the expeditious disposal of criminal cases and to ensure early completion of the trial in such cases.
The Government of the State said that it was waiting for a proposal from the High Court in this regard.
It has been categorically reported that no proposal has been received so far for the creation of an additional number of courts with personnel and necessary facilities in accordance with the scheme filed before the Hon’ble Supreme Court.
On the State’s submission that a resolution detailing the infrastructural specifications for MP/MLA courts had not been forwarded by the High Court so far the Court ordered the Registrar-General to take up the matter on the administrative side.
In keeping with the direction of the Supreme Court to rapidly track trials against former and sitting legislators, the proceedings were initiated by the Orissa High Court on its own motion.
On 23 September, the High Court issued a notice to the government of Orissa seeking information of the criminal proceedings pending before courts across the state against legislators.
On 19 October, the Government was ordered to file a reply to a proposal for the addition of three special courts, one each in three divisions of revenue and eleven courts of the Judicial Magistrate (First Class) for the expeditious trial of cases pending in the State against sitting/former MPs and MLAs.
Meanwhile, in the Supreme Court, lawyer Ashwini Kumar Upadhyay moved a PIL seeking the rapid disposal of criminal cases against former and current MPs and MLAs. In the course of this litigation, the Supreme Court ordered the high courts around the country to compile a list of criminal cases against former and current legislators. Vijay Hansaria told the Apex court that on 10th September, the amicus curiae in the matter, that a total of 4,442 cases are pending against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) across India, of which 2,556 sitting legislators are still to be prosecuted.
However, AGA PK Muduli appeared on behalf of the state government. It is expected that the matter will next be taken up on 12th December, 2020.