GAHC010133182020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)(Suo Moto)/3/2020 DESIGNATED COURTS FOR MPs/ MLAs GUWAHATI, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY, JANATA BHAWAN, DISPUR, GUWAHATI - 781006

2:STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY NAGALAND CIVIL SECRETARY KOHIMA - 797004

3:STATE OF MIZORAM REPRESENTED BY THE CHIEF SECRETARY MIZORAM SECRETARY AIZAWL - 796001

4:STATE OF ARUNACHAL PRADESH REPRESENTED BY THE CHIEF SECRETARY CIVIL SECRETARIAT ITANAGAR - 791111

5:THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL (A) DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI - 781006

6:THE SPECIAL SECRETARY TO THE GOVT. OF NAGALAND HOME DEPARTMENT NAGALAND CIVIL SECRETARIAT KOHIMA - 797004

7:THE CHIEF SECRETARY TO THE GOVT. OF MIZORAM HOME DEPARTMENT MIZORAM SECRETARIAT NEW CAPITAL COMPLEX AIZAWL - 796001

8:THE COMMISSIONER TO THE GOVT. OF ARUNACHAL PRADESH HOME DEPARTMENT CIVIL SECRETARIAT ITANAGR - 791111

9:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI - 781001

10:THE DIRECTOR GENERAL OF POLICE NAGALAND POLICE HEADQUARTERS P. R. HILL KOHIMA - 797001

11:THE DIRECTOR GENERAL OF POLICE MIZORAM POLICE HEADQUARTERS KHATLA AIZAWL - 796001

12:THE DIRECTOR GENERAL OF POLICE ARUNACHAL PRADESH POLICE HEADQUARTERS CHANDRANAGAR ITANAGR

13:THE ADDL. DGP (PROSECUTION)

ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI - 78100 Advocate for the Petitioner : MR. T J MAHANTA(SC, GHC), Advocate for the Respondent : SC, AG, MR. R K D CHOUDHURY,MS. M KECHII, LEARNED SR.

GA ADV., NAGALAND,MR. D. MAZUMDAR, ADDITIONAL ADVOCATE GENERAL, ASSAM (Resp. Nos. 1, 5, 9 & 13), ADDITIONAL ADVOCATE GENERAL,MIZORAM. (Resp. Nos. 3, 7 & 10),MR. A. CHANDRAN, ADDITIONAL SENIOR GOVERNMENT ADVOCATE, ARUNACHAL PRADESH. (Resp. Nos. 4, 8 & 12),MS. T. KHRO, GA,NAGALAND(Resp.Nos. 2, 6 & 10)

BEFORE HONOURABLE MR. JUSTICE MR. DEVASHIS BARUAH HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

20-01-2026 (AD Choudhury, J)

1. Pursuant to this court's order dated 23-10-2025 and 20-11-2025, report has been submitted.

2. Upon perusal thereof, it is seen that certain progress has been made in the trial in question.

3. At the outset, it is apposite to note that the issue of expeditious disposal of criminal cases involving sitting and former Legislators is no longer res integra. In Ashwini Kumar Upadhyay Vs Union of India and subsequent monitoring orders, Hon’ble Supreme Court has repeatedly emphasized that delay in such trials erodes public confidence in the justice delivery system and has by way of continuing mandamus, directed high courts to closely monitor such cases, ensure effective service of summons, prevent unnecessary adjournments, and adopt coercive measures in accordance with law when witnesses fail to appear without sufficient cause.

4. Mr. R. K. D. Choudhury, learned counsel appearing for National Investigation Agency as well as Central Bureau of Investigation has submitted a report.

5. From the said report, it is seen that steps are being taken for expeditious disposal of cases pending before NIA and CBI. We have, however, noticed that in certain cases, particularly CR case No. 40/ 2024 pending before the Learned Magistrate at Kokrajhar, summons were issued to the complainant on account of non-appearance. This is despite the fact that in our earlier order dated 23-10-2025, we had dealt with the options available to the Magistrate in such a situation under Cr.P.C./BNSS. Though, directions were issued for circulation of the order dated 23-10-2025 amongst the trial courts/ Magistrates, dealing with cases involving present and former Legislators, there is nothing on record to indicate that said order has been circulated to all such courts.

6. Be that as it may, the Registry shall once again circulate the aforesaid order dated 23-10-2025 to all trial courts, Magistrates, before whom trials involving sitting and former Legislators are pending in terms of directions