The bench of Chief Justice Ranjan Gogoi, Justice U.U Lalit and Justice K.M Joseph were hearing the BJP leader and advocate Ashwini Kumar Upadhaya’s PIL to provide adequate infrastructure to set up special courts to decide criminal cases against People's Representatives, Public Servants and Members of Judiciary.
As an Amicus Curiae in this matter a senior counsel Vijay Hansaria has been appointed he was of the opinion that in place of establishing special courts, it would be more feasible to assign one session and one Magistrate's court in each district to exclusively try cases against MPs and MLAs.
The Bench has said that" we should not lose sight of the fact that the main prayer in the PIL is to impose the lifetime ban on convicted elected representative, adding that the government servants and judicial officers cannot come back after their convictions.
Further, the bench has said that "we have looked into information furnished by the Gauhati High Court. At this stage, when information from the other HCs have been called for and are awaited we will reserve our orders in the matter and considers the suggestions of the amicus curiae on a subsequent date after the details of pending cases against elected representatives as per the form suggested by the amicus curiae is made available”.
The apex court was earlier informed that 12 special courts set up to try lawmakers exclusively have not been constituted on a uniform pattern, and their number needs to be raised to 19 for trying cases at the sessions level.
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