STAFF REPORTER
GUWAHATI: The Supreme Court of India today allowed the Gauhati High Court to constitute a designated session court and a judicial magistrate court for the trial of the cases pending against MPs and MLAs. The apex court also permitted the transfer and posting of the promoted judicial officers involved in dealing with the cases of MPs and MLAs.
The state has 29 pending cases against MLAs and MPs in magisterial courts and eight in session courts in Assam. Some cases are at the hearing stage, some are at the argument stage, and some are at the evidence-submission stage. And the Gauhati High Court stayed some of the cases.
On behalf of the Registrar General of the Gauhati High Court, Advocate Sneha Kalita sought permission from the Supreme Court for the promotion and transfer of judicial officers who completed three years. The HC Registrar had to move the apex court as it (the SC) had ordered on August 10, 2021, to ensure expeditious disposal of cases pending against MLAs and MPs, and that the judicial officials involved in the prosecution of MPs and MLAs continue their 'present posts' until further order. The order further said that if any emergency arose, the registrar generals of the high courts were at liberty to make an application before the apex court.
As many as 37 cases (criminal and corruption) against MPs and MLAs are pending in the state – seven in the Additional District and Session Judge Court in Kamrup (M), 5 in SDJM (Sub-divisional Judicial Magistrate) court, Kamrup (M); 1 in SDJM Court, Jorhat; 2 in Nagaon Munsiff Court, etc.
Ashwini Kumar Upadhyay had filed a writ petition in the Supreme Court in 2016 seeking a direction to expedite all pending cases against former and sitting MPs and MLAs.
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