Excelsior Correspondent
SRINAGAR, Oct 30: The High Court has sought the latest status report of the Home departments of J&K and Ladakh Union Territories providing therein the details of criminal cases against the politicians and the process of trial of these cases.
Chief Justice Tashi Rabstan and Justice M A Chowdhary directed the Government of J&K and Ladakh UTs through their counsels to file their latest status report with regard to criminal cases against the politicians.
“Government counsel seeks additional time, which is granted. He shall file the latest status report within four weeks. Deputy Solicitor General of India submits that he will adopt the status report already filed”, the DB said.
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Both the counsels have to inform the court about the number of trials which are pending in different subordinate courts as well as the matters pending in the High Court against the MPs and MLAs. The bench was hearing the PIL registered as suo moto on the directions of the Supreme Court, directing for monitoring the progress of the trial of cases pending against the sitting and former Member Parliaments and Members of Legislative Assembly.
The authorities in its status report have given the information about the criminal trial of 13 politicians pending before the courts below where the cases against these politicians are pending.
The progress of criminal trial of politicians submitted before the court includes Balwant Singh Mankotia, Abdul Majid Wani, Dr Gagan Bhagat, Gh. Mohi-uddin Mir, Mohammad Altaf Wani, Shabir Ahmad Khan, Mansoor Hussain, Abdul Rahim Rather, late Ifthkhar Hussain Ansari the then Minister, late Satpal Lakhotra, Prem Nath, Nayeem Akhter, former Works Minister, Zahoor Ahmad Mir, former MLA, Tara Chand, Mohammad Akbar Lone (former Speakers of Legislative Assembly) and Mubarak Gul, present pro-tem Speaker of Legislative Assembly.
Their cases are pending before the courts of 1st Addl. Sessions court Jammu, CJM court Jammu, JMIC R S Pura, Special Mobile Magistrate Pulwama, Addl. Special Mobile Magistrate Pahalgam, CJM Srinagar, Special Judge Anti-Corruption Anantnag, Special Judge Anti-Corruption Jammu, CJM Jammu, Special Judge Anti-Corruption Srinagar and High Court respectively.
The proceedings against these politicians in these courts are emanating from the FIR bearings Nos 16/2005 in police station Miran Sahib, 77/1993 in P/S Doda, 66/2019 in P/S RS Pura, 3/2021 in P/S Pulwama, 20/2015 in P/S Pahalgam, 09/2014 in P/S Shaheed Gunj Srinagar, 21/1993 in P/S VoK, 26/2011 in P/S VoK, 175/1998 in P/S Trikuta Nagar, 225/2000 in P/S Bakshi Nagar, 10/2019 in P/S Crime Branch Kashmir, 47/2014 and PE-1/2015 respectively.
Amongst these charges have been framed against Balwant Singh Mankotia, Gh. Mohi-uddin Mir, Mohammad Altaf Wani, Shabir Ahmad Khan, Mansoor Hussain, Abdul Rahim Rather, late Iftikhar Hussain Ansari, late Satpal Lakhotra and Prem Nath under various Sections of RPC and IPC.
It is noted that the three Judge bench of Supreme Court in a matter while passing a direction to all High Courts of the country asked the Chief Justices of respective High Courts while preparing the action plan also consider, in the event the trials against any politician is already ongoing in an expeditious manner, whether transferring the same to different court would be necessary and appropriate.
The CJs of HCs, Supreme Court asked shall designate a Special Bench, comprising themselves and their designate in order to monitor the progress of these trials. “The CJs shall send their additional suggestions, if any, for the purpose of expedient disposal of pending criminal cases against the legislators”,the Supreme Court said.
“The action plan with comments and suggestions of the CJs of the High Courts, are to be sent to the Secretary General of this court preferably within a week” the SC said. It has further been asked to CJs to list forthwith all pending criminal cases involving sitting or former legislators, particularly those wherein a stay has been granted, before an appropriate bench comprising CJ and other Judges.
The Supreme Court had also directed that no prosecution against a sitting or former MP or MLA shall be withdrawn without the leave of the High Court and asked for examination of withdrawals in light of the guidelines as laid down by the Supreme Court. It has also been cleared that in case passing of any stay order is necessary then in such eventuality, the courts should hear the matter on a day-to-day basis and dispose of the case expeditiously preferably within a period of two months without any necessary adjournment.
The HCs have been directed to designate a Judicial Officer for all such cases, who shall try these cases on priority basis and the Judicial Officer can be allotted their work depending on the workload, number and nature of criminal cases against MPs and MLAs and such Judicial Officer shall have continuity of tenure for minimum period of two years.
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