Assam: Gauhati HC & its outlying benches to list pending cases against MPs/MLAs

Staff Reporter

Guwahati: Following successive orders by the Supreme Court and the Gauhati High Court, a Monitoring Bench has been constituted to oversee the process of expeditious disposal of pending proceedings involving MPs and MLAs in Assam and other Northeastern states where the GHC has jurisdiction.

The bench of Justice Suman Shyam and Justice Arun Dev Choudhury was hearing a case (WP (C) (Suo Moto)/3/2020). This Suo-Motu writ petition was registered pursuant to the direction issued by the Hon'ble Supreme Court of India in W.P.(C) No. 699/2016 on September 16, 2020, with the special objective of monitoring the progress made in the cases pending against the MPs and MLAs before the courts at different levels, including the High Court.

Taking into consideration the orders passed in the suo moto case from time to time, the HC, vide order dated May 8, 2024, had directed its Registrar General to prepare and furnish a detailed report indicating the number of pending cases involving MPs and MLAs as well as their current status.

Accordingly, the Registrar General prepared a report dated May 22, 2024, which was made available on record. After perusing the aforesaid report, the bench issued the following directions:

It was directed that immediate steps be taken for the listing of all the 20 (twenty) criminal petitions involving MPs and MLAs pending before the Gauhati High Court in the Principal Seat either as per the roster or before a learned judge to be designated by the Hon'ble Chief Justice.

Also, a similar exercise should be carried out with regard to the pending cases in the Outlying Benches of this High Court as well. The Gauhati HC has jurisdiction over lower courts in Assam, Nagaland, Mizoram, and Arunachal Pradesh.

The order also directs the District and Sessions Judges and Special Judges of the districts concerned to take immediate steps for listing all pending cases involving MPs and MLAs. If necessary, instructions are to be issued for the day-to-day hearing of those cases for their expeditious disposal.

It also called for a fresh status report as regards the progress made in the pending cases subsequent to the passing of this order to be placed on record by the Registrar General after four weeks. The report is also to indicate all necessary steps taken for the implementation of the directives of the Hon'ble Supreme Court.

Moreover, it was directed that a copy of this order be circulated to all the authorities concerned. The matter is to be listed again after the ensuing summer vacation.

Also Read: Gauhati High Court seeks status report for swift disposal of cases against MPs, MLAs (sentinelassam.com)

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