By – Arun Shekhar Jawla
Case Name:- Motion v. State of Punjab & Ors. 2021
Jurisdiction:- Division Bench of the Punjab and Haryana High Court
Judges on Bench:- Justice Rajam Gupta and Justice Karamjit Singh
The court initiated suo motu proceedings for the cases pending against Member of Parliament and Members of Legislative Assembly as per the judgment of the Supreme Court. At the hearing, the court asked for the list of cases pending against MPs/MLAs to ascertain the nature of the proceedings i.e. civil or criminal.
Submission by the Petitioner
In the case of Ashwani Kumar Upadhyay v. Union of India and another WP (Civil), No. 699 of 2016 judgment was given to bring the notice of the concerned courts. To ensure compliance of orders to ascertain the nature of the proceedings by the counsel for the Petitioner. Prayer in this application was to preponing the date of the main case which is fixed on 28.10.2021. Despite the fact that the Courts are working through virtual mode with great difficulties having lots of connectivity issues, the lawyers resorted to abstain from work.
Submission by the Respondent
The Learned counsel representing various investigating agencies as well as prosecution assure the court that this matter shall be looked into and all earnest efforts shall be made before the next date of hearing.
Judgment of the Court
The Court looked into the suggestion furnished by the Amicus Curiae that in all those cases where the stay is operating, respective investigating/prosecuting agencies need to move an application for vacation of stay in view of Ashwani Kumar Upadhyay’s case.
Considering the long pendency of cases against the MP/MLA’s, the Court held that,
“This court has no hesitation in making it clear that in case of needful is not done, it has no option but to seek the personal appearance of all the senior officers who are entrusted with supervising the stage of pending investigations/trials.”
Therefore, The Court listed the matter on 03.09.2021 for the next hearing and directed the registry to supply a list of cases pending against MPs/ MLAs in this court whether in the nature of civil or criminal proceedings.
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