Criminal cases against MPs, MLAs : HC directs Govt to set up special Courts
Source: The Sangai Express

Imphal, October 01 2020: Citing directions/suggestions issued by the Supreme Court in the case of Ashwini Kumar Upadhyay & others versus Union of India & others of 2016, the High Court of Manipur has directed the State Government to create two exclusive special Courts to conduct trials of cases against former and sitting MPs and MLAs at Imphal.

The two special Courts having jurisdiction over the whole of Manipur would be known as Special Court (MP/MLA) No 1, Manipur (Sessions Court to be manned by MJS Grade-I and Special Court (MP/MLA) No 2, Manipur (Magisterial Court to be manned by MJS Grade-II) .

A double bench of the High Court comprising of Chief Justice Ramalingam Sudhakar and Justice A Bimol Singh passed an order (oral) to this effect today in response to a public interest litigation.

HC directs Govt to set up special Courts

The High Court has also asked the State Government to create two cadre posts of Manipur Judicial Services in Grade I & II along with two posts of Special Public Prosecutor.

For the present till the two Special Courts are created, the State Government has been directed to designate the Courts of Additional District & Sessions Judge (FTC), Manipur West and (ii) Chief Judicial Magistrate, Imphal East as Special Courts No 1 & No 2, Manipur respectively to deal with criminal cases relating to sitting and former MPs/MLAs.

The special Courts should be empowered to conduct trials of cases relating to offences under Indian Penal Code as well as special Acts.

The High Court also directed the DGP to designate a nodal prosecution officer not below the rank of Additional Superintendent of Police to ensure production of accused persons before the respective special Courts and execution of NBWs issued by the Courts.

The DGP shall direct all Investigating Officers to complete the investigations in respect of criminal cases filed against former and sitting MPs/MLAs and submit reports under Section 173 CrPC without any further delay.

The Director of Prosecution shall ensure that the reports submitted by the IOs under Section 173 CrPC shall be processed on priority basis and submitted to the Special Courts concerned immediately.

Any delay on the part of the Director of Prosecution will be viewed as disobeying the order of this Court.

The Director will ensure without fail that all pending NBWs, summons etc issued by the Special Courts are executed on time.

A compliance report should be submitted to the High Court of Manipur throug the Public Prosecutor, said the order.

The Director, Forensic Science Laboratory, Manipur should ensure that test reports in connection with criminal cases against former and sitting MPs/MLAs be completed on priority basis and shall be forwarded to the investigation agency and/or the special Courts, as the case may be without any further delay.

Special agencies such as CBI, NIA, etc should ensure that pending investigations of criminal cases against former and sitting MPs/MLAs shall be completed as soon as possible and the reports submitted under Section 173 CrPC promptly.

They will complete all required formalities for speeding up the trial on day-to-day basis, the High Court directed and listed the PIL on October 15 for compliance of the order issued today.