ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition under Article 32 of the Constitution of India, in the nature of Public Interest, seeks two distinct reliefs. The first prayer relates to expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies.,[Hereinafter referred to as the 'subject cases'.] The second prayer relates to the constitutional validity of Sec. 8 of the Representation of Peoples Act, 1951. By this order, we dispose of this Writ Petition as regards the first prayer after formulating certain guidelines for expeditious disposal of the subject cases. We have also requested the learned Chief Justices of the respective High Courts to constitute a Special Bench to review and monitor the progress of these cases from time to time.

(2.) A short reference to the orders passed by this Court from time to time, affidavits of the State Governments, and reports of the High Courts as analyzed by the Amicus in his written submissions are necessary before articulating the guidelines and disposing of the writ petition with appropriate directions. These proceedings commenced with notices being issued to the Union of India, State Governments and High Courts. At a later stage, this Court also appointed Shri Vijay Hansaria, Ld. Senior Advocate as Amicus Curiae. We place on record appreciation for his invaluable contribution and assistance.

(3.) In fact, this is not the first case in which the need for an expeditious disposal of criminal cases against elected members of the Parliament and Legislative Assemblies is examined. In Public Interest Foundation v. Union of India,(2015) 11 SCC 433 this court held: