- Supreme Court said- Allahabad High Court misinterpreted his order
- Special court set up under orders for trial against MLA and MP
- SC asks if they are ready to stop convicted leaders from contesting elections
The Supreme Court has asked the states to constitute a Special Magistrate Court for not setting up a Magistrate Court for trial of cases against the present and former MP-MLAs. The Supreme Court said that the Allahabad High Court had misinterpreted his order and constituted only the Special Sessions Court while the Magistrate Court was not. Whereas our order was that wherever there is a need, a Magistrate Court and a Sessions Court should be constituted.
The trial of the pending cases of former and present MLA and MP is to be conducted in these special courts. In this case, the application was filed on behalf of SP MP Azam Khan and the notification of the High Court was challenged in which the Magistrate Court has ordered to transfer the cases of MPs and MLAs to the Sessions Court.
Supreme Court asked the question
The notification of the Allahabad High Court has been challenged before a bench of Supreme Court Chief Justice NV Ramana, Justice DY Chandrachud and Justice Surya Kant. The notification was challenged on behalf of Azam Khan and it was said that the cases which should be tried in the Magistrate Court are being tried in the Sessions Court and it is in violation of the principle of legal provisions. When the Supreme Court questioned this, the Allahabad High Court lawyer said that a Sessions Court has been constituted for the sitting and trial of the cases of former MLAs and MPs. Special Magistrate Court has not been constituted.
you misinterpreted our order
On being asked the reason, the lawyer said that the Court of Session has been constituted only under the order of the Supreme Court. On this, Justice Chandrachud of the Supreme Court said that you have misinterpreted our order. We know what our order is. We had said that wherever there is a need to constitute a Magistrate and a Court of Session, a Special Magistrate and a Court of Session should be constituted. During this, the top court asked the court advisor what is the situation in other states. Then the court advisor told that in many other states, sessions and magistrate courts have been formed.
What is the stand of the Center on the contesting of the guilty leaders
The Supreme Court said that there is an order of 16 September 2020 and said that the states are directed to set up sessions and magistrate courts where the cases of MLA and MP are tried. Wherever Magistrate level cases are pending in the Sessions Court, they should be transferred.
During the hearing of the case, the Supreme Court asked the Additional Solicitor General, appearing for the Central Government, whether you are ready to stop the convicted leaders from contesting elections. What is the stand of the Center in this matter? The Additional Solicitor General told the Supreme Court that he would bring directions in the matter.