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2022 Supreme(Cal) 19
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ, JJ.
Monitoring Of Pending Criminal Trials Against MPS And MLAS
WPA 7807 of 2020
Decided on : 17-01-2022
Advocate Appeared:
Mr. Saikat Banerjee, Ms. Juin Dutta Chakraborty, Mr. V. Tripath, Mr. Y. J. Dastoor, ASG, Mr. Phiroze Edulji, Mr. Arijit Majumdar, Mr. Saswata Gopal Mukherjee, adv
The importance of appointing a Nodal Officer and improving infrastructural facilities for handling pending criminal cases involving MPs/ MLAs.
Headnote:
Criminal Cases - MPs/ MLAs - Court directs appointment of Nodal Officer and improvement in infrastructural facilities
Fact of the Case:
The response filed by the Registrar General disclosed that 244 criminal cases relating to MPs/ MLAs were pending in the State of West Bengal and Union Territory of Andaman & Nicobar Islands as of 31st December, 2021. The response highlighted the need for appointing a Nodal Officer and improving infrastructural facilities.
Finding of the Court:
The Court directed the Registrar General to provide details of the lacking infrastructural facilities and to appoint a Nodal Officer in the rank of Deputy Commissioner of Police exclusively for handling the pending cases. The Administrative Committee is considering the steps to be taken in pursuance of the order of the Hon'ble Supreme Court in a related matter.
Issues: Pending criminal cases relating to MPs/ MLAs, lack of infrastructural facilities, and the need for a Nodal Officer
Ratio Decidendi: The Court emphasized the importance of timely production of witnesses, expeditious examination of investigating officers, and the improvement in infrastructural facilities for handling pending criminal cases involving MPs/ MLAs.
Final Decision: The case was adjourned to 21st February, 2022, and the Registrar General was directed to provide further details of the lacking infrastructural facilities.
ORDER :
1. The response in the form of affidavit in pursuance to the order dated 15.12.2021 has been filed by the Registrar General today.
2. In that response, it has been disclosed that 244 criminal cases relating to MPs/ MLAs were pending in the State of West Bengal and Union Territory of Andaman & Nicobar Islands as on 31st December, 2021. It has been pointed out that out of these 244 cases there are 130 cases pending in the Special Court at Mayukh Bhawan, Salt Lake City and in other courts of the State 114 cases are pending.
3. Learned counsel for the High Court Administration has drawn the attention of this Court to the suggestions given in the response relating to the cases not only in the Special Court but in the other Courts of the State. The suggestion relates to appointing the Nodal Officer if any, in the rank of Deputy Commissioner of Police exclusively for this purpose and that timely production of witnesses, expeditious examination of investigating officer and improvement in infrastructural facilities.
4. Learned counsel appearing for the High Court Administration has also informed that the Administrative Committee is considering the steps which are to be taken in pursuance to the order of the Hon'ble Supreme Court dated 24.11.2021 in WP (Civil) 699 of 2016 in the matter of Ashwini Kumar Upadhyay versus Union of India & Another.
5. The Registrar General is directed to give the details of the infrastructural facilities which are lacking and required to be improved upon by way of a further affidavit.
6. Learned counsel for the State also seeks adjournment on the ground of non-availability of learned Advocate General.
7. List on 21st February, 2022.
