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Mumbai – It has come to light that the very public representatives who create laws seem to remain indirectly shielded from legal action. A total of 488 cases—involving charges such as domestic violence, rape, murder, and other serious offences—are pending against Members of the Legislative Assembly (MLAs) and Members of Parliament (MPs). This count also includes cases from Goa and Diu–Daman, which fall under the jurisdiction of the Bombay High Court. Only a few of these cases have reached conclusion, while 478 cases remain unresolved, the State Government informed the Bombay High Court on 14 November.
Finish the cases immediately : High Court
To ensure the speedy disposal of pending cases, the Bombay High Court has set specific timelines based on the stage of each case. Cases in the final arguments stage must be concluded within 30 days. Cases where the accused’s statement needs to be recorded must complete this process within 3 weeks. Cases in the charge-framing stage must complete this within 4 weeks. Additionally, trial courts across the state have been instructed to issue notices to defence lawyers so that the accused remain present in court when required.
What steps have been taken to lift the stay orders on cases against public representatives ?
Appearing before the special bench of Chief Justice Chandrashekhar and Justice Nizamuddin Jamadar, Chief Public Prosecutor Mankunwar Deshmukh explained that some cases remain pending due to stay orders issued by the High Court itself. In response, the Court questioned, “What efforts has the State Government made to get these stay orders vacated ?” The prosecutor assured the bench that applications will be filed to ensure urgent hearings on such matters.
Suo motu petition on crimes against MLAs and MPs
While ruling on a petition regarding the need to maintain a clean public image of elected representatives, the Supreme Court had directed all High Courts to initiate suo motu (self-initiated) petitions and take appropriate decisions. Following this directive, in 2023, the then Chief Justice of the Bombay High Court, Devendra Kumar Upadhyay, initiated such a suo motu petition. The High Court clearly stated that the State Government must review cases withdrawn previously against public representatives. The Court also ordered the State to submit a list of cases where current or former MLAs and MPs have themselves filed applications for withdrawal of cases, despite the Government not making any such request.
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