New Delhi, Nov 24, : , The Supreme Court observed orally Wednesday that the Allahabad High Court had misinterpreted its order, not creating magisterial courts to try cases against MPs/MLAs but instead allowing sessions courts. A bench consisting of Justices D.Y.and Chief Justice N.V.Ramana, headed by Chief Justice N.V.Ramana.Chandrachud, Surya Kant and Justices D.Y.Ramana told the counsel of the high court: “Don’t misinterpretour our orders.We know what our orders mean.
The Chief Justice also questioned the counsel: “If we don’t create magisterial court, and give the cases the in-charge session judges, how many years will they drag on?” Did it really happen?
Before the top court, the counsel for the high court stated that almost 13,000 cases were pending in Uttar Pradesh against sitting and ex-MPs and MLAs.He also added that 62 special courts are available to try these cases.
The high court issued a notification on August 16, 2019 naming special courts of additional district judges and sessions judges for 62 of the state’s 75 districts.
The bench stressed that its previous order was clear about the constitution of as many sessions and magisterial court as needed, and that the high court had “misinterpreted” our order.
Counsel for the high court stated that special courts were established at sessions level, not at magistrate level, and that it was done according to the orders of the top court.
The top court order of September 16th last year in advocate Ashwini Upadhyay case was cited by the bench.
It stated that there is nothing in this order to indicate that the court wants to transfer cases to sessions court by exercising powers under article 142.
In its order, the top court stated: “We further direct, that cases triable before Magistrates, in view of the Circular of August 16, 2019, shall be transferred to the Court with competent jurisdiction.”
It stated that the entire record and proceedings would be transferred to the Court of the designated Magistrates and the proceedings would commence at the stage reached before the transfer of the proceedings.This will mean that the trial will not have to start from scratch.
These directions will be used to govern cases involving former and current legislators in UP.They can be tried by special courts at the sessions courts or, depending on the case, magistrates’ courts according to the Code of Criminal Procedure 1973.The top court ruled that the high court should issue a new circular in conformity with this order.
It was also clarified that the high court should ensure that criminal cases involving former or sitting legislatures are allocated to as many sessions courts, magisterial courts, and magistrate courts as necessary, so that cases that are triable before a magistrate are assigned a designated magistrate court, and cases that are triable before a sessions court are assigned a designated court.
The top court heard the applications of Azam Khan, a senior SP leader, against the notification of Allahabad High Court.These cases are triable by magistrates and transferred to the special court headed the an officer of the rank additional sessions judge.
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