In adherence to directives from the Supreme Court, the Gauhati High Court has been actively monitoring the progress of criminal cases involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). A recent report submitted to the High Court's Division Bench, comprising Justice Suman Shyam and Justice Arun Dev Choudhury, provides an update on the status of these cases within its jurisdiction.
Status of Cases at the Principal Seat
The report indicates that out of 20 criminal cases against MPs and MLAs pending before the Principal Seat of the Gauhati High Court, five have been disposed of. The remaining 15 cases are scheduled for final hearing and disposal in February 2025. This scheduling reflects the court's commitment to expediting the resolution of cases involving public representatives, thereby upholding the integrity of the legislative process.
Pendency in the District Judiciary of Assam
Beyond the High Court's Principal Seat, the district judiciary of Assam reports 73 ongoing proceedings against legislators at various stages. Recognizing the importance of timely justice, the Division Bench refrained from issuing specific directives but emphasized that concerned courts should take all reasonable steps to expedite hearings and disposals. This includes setting short dates and minimizing adjournments to prevent undue delays.
Supreme Court's Directive for Special Benches
The proactive stance of the Gauhati High Court aligns with the Supreme Court's directive from September 16, 2020, in Writ Petition (Civil) No. 699/2016. The apex court had mandated the constitution of Special Benches in High Courts to monitor and ensure the swift disposal of criminal trials involving sitting and former legislators. This directive underscores the judiciary's role in maintaining public trust by holding public officials accountable through timely legal proceedings.
Current Status in Neighboring States
The report also covers the states of Nagaland and Mizoram, indicating that there are currently no pending criminal cases against any MPs or MLAs in these regions. This information provides a comprehensive view of the legal landscape concerning legislators in the northeastern states under the jurisdiction of the Gauhati High Court.
Court's Directives and Future Actions
The Division Bench has instructed the Registry to submit an updated status report on the cases pending against MPs and MLAs before the district courts in Assam by the next hearing date. Additionally, the Registry is to provide copies of the report dated January 24, 2025, to the respective counsel representing the states of Assam, Nagaland, Mizoram, and Arunachal Pradesh. For cases pending at the Principal Seat, an updated status report is also to be furnished before the next scheduled hearing on March 11, 2025.
Conclusion
The Gauhati High Court's diligent monitoring of criminal cases against legislators reflects its commitment to judicial accountability and the rule of law. By expediting these cases, the court aims to uphold public confidence in the legal system and ensure that elected representatives are held to the highest standards of legal and ethical conduct.
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