MANU/SC/1231/2023

IN THE SUPREME COURT OF INDIA

Writ Petition (Civil) No. 699 of 2016

Decided On: 09.11.2023

Appellants: Ashwini Kumar Upadhyay Vs. Respondent: Union of India (UOI) and Ors.

Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud, C.J.I., Pamidighantam Sri Narasimha and Manoj Misra

JUDGMENT

Dr. D.Y. Chandrachud, C.J.I.

1. This Writ Petition Under Article 32 of the Constitution of India, in the nature of Public Interest, seeks two distinct reliefs. The first prayer relates to expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies1. The second prayer relates to the constitutional validity of Section 8 of the Representation of Peoples Act, 1951. By this order, we dispose of this Writ Petition as regards the first prayer after formulating certain guidelines for expeditious disposal of the subject cases. We have also requested the learned Chief Justices of the respective High Courts to constitute a Special Bench to review and monitor the progress of these cases from time to time.

2. A short reference to the orders passed by this Court from time to time, affidavits of the State Governments, and reports of the High Courts as analyzed by the Amicus in his written submissions are necessary before articulating the guidelines and disposing of the writ petition with appropriate directions. These proceedings commenced with notices being issued to the Union of India, State Governments and High Courts. At a later stage, this Court also appointed Shri Vijay Hansaria, Ld. Senior Advocate as Amicus Curiae. We place on record appreciation for his invaluable contribution and assistance.

3. In fact, this is not the first case in which the need for an expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies is examined. In Public Interest Foundation v. Union of India   MANU/SC/0413/2014 : (2015) 11 SCC 433, this Court held:

10. We, accordingly, direct that in relation to sitting MPs and MLAs who have charges framed against them for the offences which are specified in Sections 8(1), 8(2) and 8(3) of the RP Act, the trial shall be concluded as speedily and expeditiously as may be possible and in no case later than one year from the date of the framing of charge(s). In such cases, as far as possible, the trial shall be conducted on a day-to-day basis. If for some extraordinary circumstances the court concerned is not being able to conclude the trial within one year from the date of framing of charge(s), such court would submit the report to the Chief Justice of the respective High Court indicating special reasons for not adhering to the above time- limit and delay in conclusion of the trial. In such situation, the Chief Justice may issue appropriate directions to the court concerned extending the time for conclusion of the trial.

4. At an early stage, this Court recorded the statement of the Ld. Additional Solicitor General that these proceedings ar........