Mumbai: The Bombay High Court on Monday expressed dissatisfaction over the Maharashtra government’s failure to provide complete details of cases pending against sitting and former MPs and MLAs across the state, Goa, and the Union Territory of Dadra and Nagar Haveli.
The court has now directed the prosecution to furnish a district-wise breakup of such cases, along with their trial status and steps taken to ensure the presence of accused legislators in court.
SC Directive on Monitoring Cases
A bench of Chief Justice Shree Chandrashekhar and Justice NJ Jamadar was hearing a suo motu matter arising out of a 2021 Supreme Court directive which asked all high courts to monitor pendency and withdrawal of criminal cases against lawmakers and ensure their speedy disposal.
499 Cases Pending
According to data placed on record, as of June 30, there are 499 pending cases against MPs and MLAs in Maharashtra, Goa, and Dadra and Nagar Haveli. However, the bench noted that the information was incomplete and unsatisfactory.
Court Demands Detailed Breakup
“You have to give the breakup— how many cases in which district, what is the stage of trial, how many witnesses have been examined. How can we monitor unless we have the data?” the bench asked the state, pointing out that the responsibility to collect details lay with the prosecution machinery and not the court registry.
Summons Delay Criticised
The bench also came down heavily on the prosecution over delays in serving summons. “These are MPs and MLAs. You know their addresses. How can you say you are unable to serve summons?” the judges remarked.
Prosecution Promises Charts
State public prosecutor Mankunwar Deshmukh assured the court that within four weeks, detailed charts covering 35 districts in Maharashtra, as well as data from courts in North and South Goa, Panaji, Mapusa and Dadra and Nagar Haveli, will be furnished. The charts must include trial stages, witness examination, and the number of prosecutors handling these matters.
Withdrawal of Protest Cases
The court also recorded submissions regarding two pending applications seeking withdrawal of cases related to political protests during the pandemic.
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The bench made it clear that such cases cannot be withdrawn without hearing victims or complainants, even if the police themselves were the informants. The matter will be heard again in two weeks.
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