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With the increasing criminalization in politics, it is necessary in a democratic country like India, to separately deal with the issue. Thus, the exigencies to meet the conditions, separate courts are required to be set up to deal more precisely.
The Supreme Court on December 14,2017 directed the Centre to set up twelve special courts to exclusively deal with the cases which involve politicians and further the functioning of such courts was directed to commence from March 1, 2018.
During the hearing of PIL which has been filed by the Supreme Court lawyer and BJP leader, Ashwini Upadhyay the Bench has asked the the Centre to submit report as to what progress has been made after the order of the Supreme Court. It has inquired about the current number of courts set up to deal with cases involving legislators and the number of cases which are pending before such Special Courts. It has further asked for the break-up of the magisterial and sessions triable cases in the courts established and if additional special courts are intended to be set up.
The Centre has been required to file an affidavit regarding the same. The Delhi High Court informed the Bench that two special courts- one sessions and one magisterial have already been set up.
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