In a momentous development, the Supreme Court has accelerated the resolution of criminal cases involving members of legislative assemblies and Parliament, paving the way for high courts across the nation to proactively register cases for self-monitoring. Chief Justice of India Dhananjaya Y Chandrachud, leading the bench, underscored the need for prioritizing cases with potential death sentences or life imprisonment outcomes.
While recognizing the impracticality of issuing uniform directives specifying timelines for trial disposals, the court mandated chief justices of all high courts to initiate suo motu proceedings for effective oversight of trials within their jurisdictions. The special bench, either led by chief justices or judges nominated by them, is empowered to list matters at regular intervals as deemed necessary.
With 5,175 pending cases across various trial courts nationwide, the court directed prioritization based on severity, placing cases with death penalty or life imprisonment implications at the forefront. Following this, cases involving jail terms exceeding five years should be given precedence. Additionally, the court emphasized expediting trials where stays have been imposed.
Ensuring transparency, the court mandated high courts to list cases on their websites, providing information such as the year of filing, status, and other pertinent details. These measures are expected to enhance public visibility and accountability in the adjudication process.
The genesis of this directive lies in a petition filed by advocate Ashwini Upadhyay in 2016, urging the court to establish guidelines for expediting criminal trials involving present and former Members of Parliament and Assemblies. Amicus curiae Vijay Hansaria’s September report highlighted the urgency of resolving the 5,175 pending cases, particularly the 40% that exceeded five years in duration.
The Supreme Court’s proactive stance aligns with its 2014 judgment, which mandated the completion of trials against elected lawmakers within a year of charges being framed. The court’s latest directive reinforces its commitment to expeditious justice delivery, especially in cases with substantial public and legal ramifications.
