Gauhati High Court Directs Registry To Seek Information From Authorities Regarding Delay In Recording Evidence In Cases Involving MPs/MLAs
The Gauhati High Court took note of the “significant progress” made while hearing the suo-motu case.
The Gauhati High Court has directed the Registry to call for relevant information from the concerned authorities and prepare a report regarding the delay in recording evidence in cases involving Members of Parliament and Members of Legislative Assembly.
The Court took note of the “significant progress” made while hearing the suo-motu case regarding the status of cases pending against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) in Assam, Nagaland, Mizoram, and Arunachal Pradesh. Pursuant to the Court’s previous Order in the month of January, the Registry had prepared and submitted a report indicating the status of the cases pending in the States.
A Division Bench of Justice Suman Shyam and Justice Arun Dev Choudhury ordered the Registry to “call for relevant information from the concerned authorities and prepare a report on this behalf also for placing the same before this Court on the next date fixed.”
Advocate TJ Mahanta appeared for the Petitioner, while Senior Advocate M Kechii and Additional Senior Government Advocate A. Chandran represented the Respondents.
Perusing the report, the Court noted that since its previous Order, a total of seven out of fifteen cases pending in the Principal Seat of the Gauhati High Court had been disposed of, while the remaining eight cases were at an advanced stage of hearing.
“After perusal of the report, we are convinced that if the matters proceed in the manner projected in the report then there is every likelihood that all the pending cases involving MPs/ MLAs in the Principal Seat at Gauhati High Court would be brought to their logical end in the near future,” it remarked.
However, coming to the list of cases pending in the district judiciary in Assam, the Bench noted that there were a number of cases where the proceeding had been held up at the stage of appearance of the accused persons.
“Most of these cases were registered more than a decade back. From the report submitted by the Registry it is not clear as to why, those cases are pending for so long merely for ‘appearance’. If it is really the case where the appearance of the accused could not be secured for any reason including the reason of failure on the part of the complainant to take steps for issuance of process, then also, it is not clear as to why consequential orders could not be passed by the Court,” the Bench stated.
Regarding the state of Arunachal Pradesh, the Court remarked, “There is no indication in the report as to why, recording of evidence could not be concluded in that case even after nearly 03 decades of registration of the proceeding. Likewise, in DMK Case No. 31/2005, which is a proceeding registered in the year 2005, the matter is still at the stage of recording of evidence. In another proceeding, viz., BJN Case No. 10/2005, the matter is pending for appearance although the proceeding was registered way back in the year 2005.”
Consequently, the Court ordered, “We, therefore, direct the Registry to call for specific information from the concerned authorities so as to ascertain the reasons as to why, these matters have remained pending for so long without any progress. The report to also indicate as to what steps, if any, have been taken by the concerned Presiding Officers of those courts to expedite the disposal of these cases over the past several years. The report, as called for, be placed on or before the next date fixed.”
Accordingly, the High Court listed the matter for further hearing on 29th April, 2025.
Cause Title: Designated Courts For MPs/ MLAs v. State Of Assam & Ors. (WP(C)(Suo Moto)/3/2020)
Appearance:
Petitioner: Advocate TJ Mahanta
Respondent: Senior Advocate M Kechii; Additional Advocate General D. Mazumdar; Additional Senior Government Advocate A. Chandran; Government Advocate T. Khro
