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2020 DIGILAW 831 (SC)

Ashwini Kumar Upadhyay v. Union of India

2020-10-06

ANIRUDDHA BOSE, N.V.RAMANA, SURYA KANT

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ORDER : The Court is convened through Video Conferencing. 1. In compliance of our order dated 16.09.2020, we note that all the High Courts, except the High Courts of Meghalaya and Tripura, have submitted action plans regarding pending cases relating to sitting and former legislators (MPs/MLAs) in their respective jurisdictions. In addition to the action plan, many of the High Courts have responded to the suggestions made by the learned amicus and given additional useful suggestions which have been collated by the learned amicus in his report dated 05.10.2020. 2. We have gone through the action plans submitted by the High Courts and heard the learned amicus who has taken us through his comprehensive report dated 05.10.2020. 3. After perusing the materials placed on record, we are of the opinion that further information from the High Courts is required to provide more clarity on the rationalization exercise being undertaken herein, with respect to the number of Special Courts required for expeditious disposal of pending criminal cases against sitting or former legislators (MPs and MLAs). With an objective of collating uniform data, we have annexed a tentative format along with this order. The High Courts are directed to furnish details according to the annexed format by 19.10.2020, with the liberty to provide additional information if necessary, to the Secretary General of this Court. A copy may be sent to the learned amicus curiae by way of e-mail. 4. List the matter 1 week thereafter to enable the learned amicus to furnish a further report after examining the fresh information. 5. The matter regarding the passing of further directions, as sought by the learned amicus in his report dated 05.10.2020, will be considered on the next date of hearing. 6. The Registry is directed to circulate this order with the attached format to the Registrar Generals of all the High Courts, who are directed to place the same before the learned Chief Justices of their respective High Courts for necessary action. 7. The learned Solicitor General sought further time to submit the status report relating to investigations by special agencies, in terms of our earlier order dated 16.09.2020. He is directed to do so by 19.10.2020. The learned Solicitor General is further directed to enquire from the Central Government regarding the possibility of providing funding for the establishment of at least one video conferencing facility in every district for conducting these cases. He is directed to do so by 19.10.2020. The learned Solicitor General is further directed to enquire from the Central Government regarding the possibility of providing funding for the establishment of at least one video conferencing facility in every district for conducting these cases. 8. Ordered accordingly. Format for Rationalisation of Special Courts (Data to be provided By High Courts) SPECIFICS OF CASE DISTRIBUTION (DISTRICT WISE) ADDITIONAL SPECIAL COURTS (if required, based on distance of place of occurrence, number of pending cases, etc.) INFRASTRUCTURAL REQUIREMENTS 1. Video conference facility, whether available and is in working condition 2. If additional video conferencing facilities required, and necessary funds for the same 3. Witness examination room- whether availability for online examination through video conferencing 4. Additional support staff, if required PROSECUTION SET UP 1. Nodal Prosecution Officer- name and designation 2. Public Prosecutor-name 3. Status of execution of warrants/summons Additional Notes, if any District Judicial Officer: Name and Designation No. of cases before each Court ABC Sessions Court Magistrate Court DEF Sessions Court No. 1 Sessions Court No. 2 Magistrate Court No. 1 Magistrate Court No. 2