Justices NV Ramana, Surya Kant and Aniruddha Bose considered PIL filed by Ashwini Upadhyay raising the issue of pendency of criminal cases against legislators. The court noted the report submitted by various High Courts and the report submitted by the Amicus Curiae Sr. Adv Vijay Hansaria.
Where he ordered that no unnecessary adjournments be made in pending criminal cases against legislators across the country.
Submission s made by Amicus Curiae were:
1) There should be robust video conferencing to maintain efficacious disposal of cases, also there is a need in infrastructure upgradation.
(2) Nodal Prosecution Officers should be appointed who will be responsible to ensure that arrest warrants are being executed, accused are being produced regularly, summons are being served on time.
(3) The tenure of judicial officers should be fixed to 2years for dealing with the aforesaid cases in order to ensure continuity.
(4) effective case management policy to be followed by the judicial officers, and no unnecessary adjournment should be made to prevent delay.
The other suggestions made by the amicus and other counsel will be
considered by this Court on the next date of hearing.
The mater will be listed in court after 3 weeks from today.
ASHWINI KUMAR UPADHYAY vs. UNION OF INDIA [Writ Petition(s)(Civil) No(s).699/2016]