Gujarat High Court Takes Suo Moto Cognizance to Expedite Pending Trials against Legislators

Must Read

SC: No Reservation for in-Service Doctors in Super Specialty Medical Courses for the Academic Year 2020-21

A Full Bench of the Supreme Court held that there will be no reservation for the in-service doctors for...

Madras HC Allows Teacher’s Petition for Incentive Increment on the Basis of Acquired Higher Degree

A teacher in a minority-run educational institute was denied a set of incentive increment owing to her acquiring a...

SC: HC Not to Re-Examine Adequate and Fair Disciplinary Actions Under Art. 226 on Appeal

A Full Bench of the Supreme Court held that the High Court under Article 226 cannot act as an...

SC: Transfer of Cases Under S.406 of CrPC to be Invoked Only in Exceptional Cases

A Single Bench of the Supreme Court held that the transfer of trial from one state to another reflects...

Jharkhand HC Disposes of Writ Petition Filed to Fill up Vacant Seats Reserved for Govt. School Teachers

A writ petition was filed to fill up the vacant seats which were kept reserved for Govt. School Teachers...

Bombay HC Pursues Case Regarding the Nomination of Sole Arbitrator to Settle Partnership Dispute

The High Court heard the matter where disputes had arisen between the parties from their partnership deed. The Court...

Follow us

 

The Division Bench of Gujarat High Court has registered a suo moto case to adhere to the directions of the Supreme Court. It has actively participated in the process of expediting investigations and trials against MP/ MLAs accused of various crimes. The matter shall be presented before the Chief Justice of the High Court on November 04, 2020.   

Background of the Case

On 16.09.2020, the Supreme Court directed the lower judiciary and functionaries of the High Courts by passing an interim order in a case of a writ petition. The matter pertained to inordinate delay in investigation and criminal trials against Members of Parliament and Members of Legislative Assemblies. Despite various orders passed since 2016, the Court had failed to stream speedy dispensation of justice.

Therefore, in September’20, the Apex Court asserted that the charge-sheets must be filed in time and the Special Court must expedite such trials on a priority basis. Further, it called upon a report from amicus curiae for detailing the action plan devised by various High Courts.

Hence, the Gujarat High Court initiated a suo moto matter to monitor such criminal trials within the State of Gujarat.   

Court’s Directions/ Orders

In the report of the amicus curiae, some of the High Courts favored the constitution of Special Courts while most of them favored mandate for jurisdictional courts to take such cases on a priority basis.

In the present case, the Gujarat High Court has decided to monitor and expedite criminal proceedings in the local courts under its jurisdiction. The suo moto case was registered by the Division Bench comprising of Justice R.M. Chayya and Justice V.D. Nanavati. Further, the case shall be presented before the Chief Justice of Gujarat High Court on November 04, 2020.

Moreover, the High Court has issued an administrative order addressing all Principal District Judges to command over the expedition process in the impugned criminal cases. It has also requested the Public Prosecutors and Government Pleaders to provide the details of the cases wherein they represent the legislators accused of criminal offenses.    

Relevance of the Case

On the basis of the report dated 08.09.2020, about 175 cases are pending under the Prevention of Corruption Act and about 14 cases are pending under the Prevention of Money Laundering Act against sitting/former legislators.

These are in addition to the pending 4442 cases pending under various criminal offenses. Therefore, it becomes imperative in a democratic country that the citizens do not merely exercise their right to vote, but also get a pool of legitimate candidates for election. The judiciary must find a way around such accused legislators to ensure the smooth functioning of the country in a truly democratic sense.  

Click here to read the judgment.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: No Reservation for in-Service Doctors in Super Specialty Medical Courses for the Academic Year 2020-21

A Full Bench of the Supreme Court held that there will be no reservation for the in-service doctors for admission into Super Specialty Medical...

Madras HC Allows Teacher’s Petition for Incentive Increment on the Basis of Acquired Higher Degree

A teacher in a minority-run educational institute was denied a set of incentive increment owing to her acquiring a higher degree. The aided private...

SC: HC Not to Re-Examine Adequate and Fair Disciplinary Actions Under Art. 226 on Appeal

A Full Bench of the Supreme Court held that the High Court under Article 226 cannot act as an appellate authority and re-examine the...

SC: Transfer of Cases Under S.406 of CrPC to be Invoked Only in Exceptional Cases

A Single Bench of the Supreme Court held that the transfer of trial from one state to another reflects on the credibility of the...

Jharkhand HC Disposes of Writ Petition Filed to Fill up Vacant Seats Reserved for Govt. School Teachers

A writ petition was filed to fill up the vacant seats which were kept reserved for Govt. School Teachers in terms of Rule 9(i)...

Bombay HC Pursues Case Regarding the Nomination of Sole Arbitrator to Settle Partnership Dispute

The High Court heard the matter where disputes had arisen between the parties from their partnership deed. The Court directed that, in light of...

Madras HC Directs Agriculturist to Pay Insurance Premium Amount Payable Under the PMFBY Scheme

The Madras High Court on 27 November 2020, directed the petitioner to pay the insurance premium amount payable under the Pradhan Mantri Fasal Bima...

Karnataka HC Releases Accused that Promised Marriage and Obtained Consent for Coitus

The Karnataka High Court granted bail on several conditions to the accused who had promised to marry the victim and obtained her consent for...

Supreme Court Holds in Favour of Narendra Modi in Election Petition Filed by Ex-BSF Jawan

This Appeal to the Supreme Court was filed to decide whether the Appellant had the locus standi to file an election petition before the...

Supreme Court : High Courts Have Sole Authority Under Article 226 To Decide Validity of Tax Provision, Even if Matter Is Sub-Judice Before Income...

A Full Bench of the Supreme Court held that the validity of a provision is a serious matter which could only be decided by...

More Articles Like This

- Advertisement -