Title: ASHWINI KUMAR UPADHYAY VERSUS UNION OF INDIA & ANR.
WRIT PETITION (C) NO. 699 OF 2016
Date of Judgment- November 9, 2023
CORAM- CJI. Dr. Dhananjaya Y Chandrachud, Justice Pamidighantam Sri Narasimha, and Justice Manoj Misra
Facts of the Case:
This case involved filing of Writ Petition under Article 32 of the Constitution of India, like Public Interest, which sought two distinct reliefs. The first prayer related to the expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies. The second prayer related to the constitutional validity of Section 8 of the Representation of Peoples Act, 1951.
Laws Involved:
Section 8 of the Representation of Peoples Act, 1951 deals with disqualifying candidates for membership of Parliament and State Legislatures. It outlines various offenses, such as bribery, undue influence, and corrupt practices during elections, which can lead to disqualification. These disqualifications aim to maintain the integrity of the electoral process and ensure that individuals with questionable conduct or criminal backgrounds are not eligible to hold public office.
Issues framed by the court:
Whether or not the criminal cases against elected members of the Parliament and Legislative Assemblies can be disposed of?
Courts Judgment and Analysis:
In this case, the court examined the delays and bottlenecks in the trial process, particularly focusing on cases where charges are framed against sitting MPs and MLAs.
The court analyzed various laws and sections relevant to the expeditious disposal of such cases. Notably, it referred to Section 8 of the Representation of Peoples Act, 1951 (RP Act), which specifies certain offenses that disqualify a person from being chosen as or being a member of Parliament or a Legislative Assembly. The court particularly emphasized Sections 8(1), 8(2), and 8(3) of the RP Act, which outlines offenses like bribery, undue influence, and corrupt practices during elections.
Furthermore, the court referred to procedural aspects such as the role of High Courts, the setting up of special courts, witness protection, and the power of the Chief Justices of High Courts in monitoring and expediting the trial process. The court also discussed the principle of granting stay orders in criminal cases and the need for such stays to have a time limit, as established in the case of Asian Resurfacing of Road Agency Pvt—Ltd vs. CBI, 2018.
In its analysis, the Supreme Court noted the considerable backlog of cases pending against MPs and MLAs, with a significant portion exceeding five years. The court acknowledged the critical importance of expeditious disposal of these cases for maintaining trust in political representatives and ensuring the effective functioning of democracy.
Based on the analysis, the Supreme Court issued comprehensive guidelines and directives. It entrusted the Chief Justices of High Courts with the responsibility of monitoring the trial process and ensuring the timely disposal of cases. The court emphasized prioritizing cases involving serious offenses and avoiding unnecessary adjournments. Additionally, it directed the implementation of measures like setting up designated courts, providing infrastructure and technological support, and creating transparency through the publication of case details on court websites.
Ultimately, the Supreme Court disposed of the writ petition concerning the expeditious disposal of criminal cases against MPs and MLAs based on the outlined guidelines and directives. However, the court indicated that it would continue to address other issues, such as the constitutional validity of Section 8 of the RP Act, in subsequent hearings.
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Written by- Aditi
