Mumbai: Taking serious note of nearly 500 pending criminal cases against sitting and former MPs and MLAs in Maharashtra, Goa and the Union Territory of Dadra and Nagar Haveli, the Bombay High Court has fixed strict timelines for trial courts to expedite the proceedings.
Trials Not Begun in Many Cases, Says HC Bench
A bench of Chief Justice Shree Chandrashekhar and Justice N.J. Jamadar remarked that several cases were pending against sitting MPs and MLAs and that trials had not even begun in many of them. The court then emphasised that it would set a timeline to ensure the “expeditious” disposal of these cases.
488 Cases Pending; 132 Await Accused’s Presence
Public prosecutor Mankunwar Deshmukh submitted a detailed chart showing that 488 cases were pending against MPs and MLAs. As per the chart, as many as 132 cases are pending because the police are still trying to secure the presence of the accused. Sixteen cases have been stayed by the High Court, whereas five have been stayed by district judges.
32 Final-Stage Cases Must Be Decided in 30 Days
The court directed that the 32 cases where trials are at the final stage and only final arguments remain must be concluded within 30 days.
HC Sets Timeline to Record Statements Under Section 313
According to the chart, 14 cases are pending at the stage where the trial judge must record the statements of the accused under Section 313 of the Code of Criminal Procedure. The HC has directed that trial courts begin the process of recording these statements within three weeks.
Statements to Be Recorded Via Video Conference for Jail Inmates
In cases where the accused are in jail, the HC has said that trial courts must start recording their statements through video conferencing instead of insisting on physical presence. Where the accused are out on bail, the HC has directed that the trial court issue notices for their presence for recording statements.
Charges in 47 Cases Must Be Framed Within Four Weeks
For the 47 cases pending for framing of charges, the court has given trial courts four weeks to frame charges and proceed.
Prosecution to Seek Vacation of Stay in Pending Cases
When the court asked about cases stayed by the High Court, Deshmukh said the prosecution would make applications before the concerned judges for vacation of the stay, citing the timeline set by this order.
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Matter Stems From Supreme Court's 2021 Directive
The court was hearing a suo motu matter arising out of a 2021 Supreme Court directive asking all High Courts to monitor the pendency and withdrawal of criminal cases against lawmakers and ensure their speedy disposal. The HC has called for a report on December 19.
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