The Supreme Court on Saturday permitted the high courts of Punjab & Haryana, Bombay and Allahabad to transfer some special judges trying criminal cases against sitting and former MPs and MLAs to other courts in their respective states on grounds such as “administrative exigencies”, and asked them to find suitable substitutes quickly to ensure that such trials are not delayed.
A bench headed by chief justice NV Ramana, hearing a 2016 PIL seeking life ban on contesting elections on lawmakers convicted of heinous crimes and speedy disposal of cases against them, had earlier directed all high courts not to transfer special judges without its prior nod.
“To ensure expeditious disposal of pending cases, it is necessary for this court to direct the officers presiding over special courts or CBI courts involving prosecution of MPs or MLAs to continue in their present posts until further orders.
“This direction, barring transfer of judicial officers, will be subject to their superannuation or death. If any further necessity or emergency arises, the registrar general of the high courts are at liberty to make an application before us for retention or to relieve those officers,” the top court had ordered on August 10 this year.
The high court registries of Bombay, Allahabad and Punjab and Haryana moved separate pleas seeking the top court’s nod to transfer some special judges to some other courts under their territorial jurisdictions.
{{/usCountry}}The high court registries of Bombay, Allahabad and Punjab and Haryana moved separate pleas seeking the top court’s nod to transfer some special judges to some other courts under their territorial jurisdictions.
{{/usCountry}}The top court bench, also having justices D Y Chandrachud and Surya Kant, took into consideration the averments made in the pleas and allowed them subject to the condition that the “High Court/State shall provide suitable substitute” immediately so as to ensure expeditious disposal of the cases pending against sitting and former MPs and MLAs.