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The Apex Court bench, consisting of Chief Justice Ranjan Gogoi and Justice S.K. Kaul and Justice K.M. Joseph, directed the High-Courts of Bihar and Kerala to decide on the pending cases in which existing or former legislators are implicated. The plea was filed by an advocate and BJP leader Ashwani Kumar Upadhyay seeking infrastructure for setting up Special Courts to decide criminal cases against people’s representatives, public servants and members of the judiciary.
Amicus Curiae Vijay Hansaria presented the data via a report related to the matter pointing out that there are 4122 cases pending against current(2324) and former(1675) MPs and MLAs. He suggested that one particular court at Sessions and Magisterial level in each district be nominated to try criminal cases involving legislators. Further, he added that the cases should be dealt with in a hierarchy dealing with matters punishable with imprisonment for life or capital punishment against sitting MPs and MLAs being taken up first. Furthermore, he requested that each Special Court be ordered to submit a monthly status report.
The Supreme Court bench ordered to designate as many Sessions and Magistrate’s Courts in each district as Special Courts as it may be deemed necessary.
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