‘You misinterpreted our order,’ the Supreme Court writes to the Allahabad High Court, requesting that only Sessions Courts be established for cases involving MPs and MLAs.

The Supreme Court orally stated on Wednesday that the Allahabad High Court misconstrued the Supreme Court’s direction by not establishing Magisterial Courts to hear issues involving MPs/MLAs and instead selecting only Sessions Courts to do so.

A bench consisting of Chief Justice of India NV Ramana, Justice DY Chandrachud, and Justice Surya Kant was hearing applications filed by SP leader Azam Khan challenging the Allahabad High Court’s notification which transfers cases triable by Magistrates to a Special Court headed by an officer of the rank of Additional Sessions Judge.

In response to a question from the bench, the Allahabad High Court’s counsel stated that approximately 13,000 cases against current and former MPs and MLAs are pending in Uttar Pradesh, with 63 Special Courts established to handle them. The Sessions level, not the Magistrate level, is where Special Courts are established. When the bench inquired about the cause for this, the counsel stated that it was done in accordance with Supreme Court orders.

“Please don’t misunderstand our instructions. We are aware of our orders. As appropriate, we also permitted the establishment of Magistrarial Courts “, India’s Chief Justice told the High Court’s lawyer.

“You haven’t established any special courts and have merely given sessions judges a label! How long would cases drag on if Magisterial Courts are not established and cases are sent to in-charge Sessions Judges? Was it our intention all along? “, the CJI inquired.

“Our order was unambiguous,” Justice Chandrachud said, “to establish as many sessions courts and magisterial courts as considered necessary.” “We just have one thing to say. Our order was misunderstood by you “, the Chief Justice of the United States told the High Court’s attorneys.

The bench directed the counsel to read the Supreme Court’s order in the Ashwini Upadhyay case, which was issued on September 16, 2020.

“There is nothing in the order that suggests this Court intended to transfer matters triable by Magistrates to Sessions Court using Article 142 powers. On the other hand, there are signs that this Court intended Special Magisterial Courts to be established “,, According to Justice Chandrachud.

The Chief Justice of the United States inquired if other states had established magistrate courts. Senior Advocate Vijay Hansaria, the amicus curiae in the case, stated that in states such as Madhya Pradesh, Karnataka, and West Bengal, one Magistrate is designated as the Special Court for cases involving MPs/MLAs.

The bench stated that it will issue orders to the High Courts and States to establish Special Magistrate Courts and transfer cases from Sessions Courts to Magistrate Courts once the trial is completed.

“We are considering directing the HC to establish Magistrate Courts and allowing States who have not yet established Magistrate Courts to do so. So far as Sessions Court trials are concerned, we would transfer them to Magistrate Courts after they are completed “, the CJI stated while reserving orders in Azam Khan’s application.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this:
search previous next tag category expand menu location phone mail time cart zoom edit close