191 cases pending against sitting, former MPs, MLAs

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CHANDIGARH: Just about three months after the Punjab and Haryana High Court made clear its intent to speed up cases involving sitting and former parliamentarians and legislators of Punjab, Haryana and Chandigarh, it was today told that no less than 191 cases were pending in the two states and the union territory.

Out of the total, 163 cases were pending against sitting and former MPs and MLAs in Punjab. In Haryana, 21 cases, including eight against ex-MLAs of the state and two against ex-MLAs of Himachal Pradesh, are under trial. Three cases registered in Haryana had been transferred to the CBI, Chandigarh. As many as 15 out of the total were pending before the trial courts. Another six cases are pending before the appellate/revisional courts.

Affidavits giving details of the cases were placed before the high court during the hearing of a suo motu case, “In Re: Special Courts for MPs/MLAs”, for monitoring the progress of cases pending against MPs and MLAs.

Taking on record the affidavits, the Bench of Justice Rajan Gupta and Justice Karamjit Singh made it clear to the subordinate courts in the two states and the UT that the hearing in these cases would not be adjourned without assigning reasons.

The Bench observed the high court was monitoring the progress in cases of MPs and MLAs pending in Punjab, Haryana and Chandigarh after registering a suo motu case following the Supreme Court directions in the Ashwani Kumar Upadhyay case. Among other things, it said adjournment would not be granted except in exceptional circumstances and for reasons to be recorded.

“Needless to observe that all courts in the three states shall comply with the directions issued by the Supreme Court in the Ashwani Kumar Upadhyay case (supra) in letter and spirit,” the Bench added.

Before parting with the case, the Bench also questioned the UT on the reasons for delay in completing the investigation in the cases. The query came after the Bench was told that the seven pending cases were under investigation. Responding to the query, UT Senior Superintendent of Police Kuldeep Chahal submitted that investigation was slightly delayed due to the Covid-19 situation and an effort would be made to conclude the same at the earliest.

The Bench has already appointed senior advocate Rupinder Khosla as the amicus curiae. The suggestion to set up special courts flows from recommendations of the Vohra committee set up in 1993 by the Central government. The committee was constituted under the chairmanship of the then Union Home Secretary, N N Vohra, to take stock of all available information about activities of crime syndicates/mafia organisations, which were allegedly being permitted by government functionaries and political personalities.