New Delhi : , Nov 23, 2009 – The Supreme Court was informed that the Constitution of Special Courts is not illegal for the trial of cases against MPs/MLAs at both the Sessions and Magisterial Trial levels. Amicus curiae Senior Advocate Vijay Hansaria stated in a report that the constitution of special courts at both the sessions level and the magistrates level was desirable.
The constitution of special courts at the sessions level to hear both the sessions’ and the magisterial trials cases of the accused is not illegal.However, the court will give fair trials.
After Samajwadi Party leader Azam Khan filed a request for directions to set up a Rampur special magistrate court, Uttar Pradesh, the report was submitted.
Khan claimed that only the magistrate, and not the sessions judge, can bring cases against legislators under the orders of the apex court.
The Chief Justice NV Ramana headed a bench that included justices DY Chandrachud, Surya Kant and Surya Kumar.They wanted to know if a Sessions judge was allowed to hear the cases.
According to the report, “The right to first appeal is not removed, and instead Session Court would be the appellate court, Revision is an option, but not an intrinsic right.It’s a supervisional jurisdiction.
According to the report, the court requested that the highest court issue directives to “all the High Courts” and to state governments for the creation of special courts at the sessions and magistrate levels in every district or group thereof as they deem appropriate, taking into account the volume of cases and geographic location.
The Centre approved special courts to speed up criminal trials against MPs/MLAs following an apex court suggestion made in 2017 by Ashwini Kumar Upadhyay in a PIL.
According to the report, “This Hon’ble Court might be happy to clarify that the instructions to create Special Court at both Sessions and Magistrate levels will not impact the Special Courts’ orders at the Sessions level for cases which are triable by Magistrate pursuant to the Cr.P.C.”
According to the report, the session judge and an additional sessions judge will be manning the special court.They shall then transfer any cases that are triable by magistrates to the court under their respective jurisdiction.The magistrate shall also conduct the trial starting from where the file was received.
The report stated that “The Magisterial trials cases which have already been concluded or are pending trial won’t be subject to challenge solely on the ground the final judgment and/or interim orders were passed by the Special Court headed of an officer of rank Sessions Judge.”
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