Supreme Court expedites criminal trials against MPs and MLAs

In a significant development, the Supreme Court of India has taken steps to expedite criminal trials involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). The move came in response to a petition filed by advocate Ashwini Upadhyay in 2016, who sought directives for fast-tracking these cases. While the court refrained from setting a specific timeline for trial disposal, it directed high courts across the nation to register cases on their own motion, with a focus on cases carrying the maximum penalties of death sentence or life imprisonment. Cases entailing a jail term of more than five years should also be prioritized.

The Supreme Court emphasized the need for effective monitoring and disposal of pending trials, and high courts are urged to list cases where trials have been stayed and expedite them. To enhance transparency, high court websites will include an independent tab with information on the year of filing, case status, and other relevant details. There are currently 5,175 cases pending across various trial courts in the country, with approximately 40% of these cases pending for more than five years.

This issue is most prominent in Uttar Pradesh, Bihar, and Maharashtra, according to a report submitted by amicus curiae Vijay Hansaria, who assisted the court in the petition. The court had previously issued a judgment in 2014, stipulating that trials against elected lawmakers must be completed within a year of charges being framed, ensuring day-to-day hearings in such cases.