Strict enforcement of the Witness Protection Scheme, 2018, and the vacating of stay orders are crucial in criminal cases involving sitting and former legislators.

ORDER :

1. On 06.10.2020, this Court requested the High Courts to send certain additional information in order to provide more clarity to the rationalization exercise being undertaken. All the High Courts have submitted reports in furtherance of the aforementioned order. The learned amicus, through his 12th report dated 02.11.2020, has collated the information provided.

2. During the course of the hearing, the learned amicus took us through the aforementioned report in detail. The amicus has highlighted certain important issues which are revealed from the data furnished by the various High Courts:

(a) Although video conferencing facilities are available in some of the courts, the same are not adequate to facilitate recording of evidence of witnesses. For the efficacious disposal of these cases, robust video conferencing facilities and upgradation of infrastructure is necessary. However, most of the State Governments have expressed their inability to bear the expenses for the same, owing to the current situation. The amicus therefore put forth a suggestion that the Central Government may bear the initial expenses for setting up of such video conferencing facility.

(b) Considering the sensitivity of these cases, most witnesses are unwilling to appear before the respective Courts, although this Court has given its imprimatur to the Witness Protection Scheme, 2018. The learned amicus suggested that the requirement for the witnesses to make an application seeking protection, as provided under the Scheme, be waived in these cases as witnesses may be apprehensive of making such an application in the first place.

(c) Taking into account the fact that in certain States there are cases which have been pending for more than 25 years, it is imperative to appoint Nodal Prosecution Officers who will be responsible to ensure that arrest warrants are being executed, accused are being produced regularly, summons are being served, and so on.

(d) To ensure speedy disposal of the pending cases, the learned amicus suggested that the tenure of judicial officers dealing with the aforesaid cases is at least 2 years in order to ensure continuity.

(e) Additionally, the judicial officers should follow effective case management strategies and should not grant unnecessary adjournments which might lead to delay.

(f) Lastly, the amicus brought to our notice specific issues being faced by certain High Courts.

(i) The High Court of Kerala has specifically placed on record that the police officials are reluctant to arrest and produce the legislators.

(ii) The same issue is also being faced by the Calcutta High Court. Apart from the same, the amicus expressed concerns regarding the suitability of assigning 134 cases to a single Special Court in the State of West Bengal.

(iii) Even with respect to the State of Karnataka, the amicus brought up the issue of a Special Court being designated for the entire State, which is located in Bengaluru.

(iv) Certain issues that have been raised by a Committee appointed by the Chief Justice of the High Court of Madras were also highlighted by the learned amicus.

3. Learned senior counsel for the Petitioner, Mr. Gopal Sankaranarayanan, supplemented the submissions made by the amicus and stated that, firstly, some clarification might need to be provided by this Court that the present writ proceedings relate to criminal cases pending against both sitting and former legislators (MPs/MLAs). Secondly, the learned senior counsel submitted that stay of proceedings, if granted, should not be extended indefinitely in line with the various pronouncements of this Court.

4. Before passing any direction, we may note that on 06.10.2020, the learned Solicitor General sought time to submit the status report relating to investigations by special agencies, in terms of our earlier order dated 16.09.2020. We had accordingly granted him additional time, and directed him to do so by 19.10.2020. The learned Solicitor General was also directed to enquire from the C