New Delhi, Nov 24, : , The Supreme Court observed orally Wednesday that the Allahabad High Court had misinterpreted its order, not creating magisterial courts to try cases against MPs/MLAs but instead allowing sessions courts. A bench consisting of Justices D.Y.Surya Kant and Chandrachud.Counsel to the high court stated: “Don’t misinterpret my orders.We know what our orders say.We have allowed the creation of magisterial courts.
The Chief Justice also questioned the counsel: “If we don’t create magisterial court, and give the cases the in-charge session judges, how many years will they drag on?” Did it really happen?
Counsel for the high court stated before the court that almost 13,000 cases were pending in Uttar Pradesh against sitting and ex-MPs and MLAs.He also added that 63 special courts are available to try these cases.
The bench stressed that its previous order was clear about the constitution of as many sessions and magisterial court as needed, and that the high court had “misinterpreted” our order.
Counsel for the high court stated that special courts were established at sessions level, not at magistrate level, and that it was done according to the orders of the top court.
The top court order of September 16th last year in advocate Ashwini Upadhyay case was cited by the bench.
It stated that there is nothing in this order that indicates that this court wants to transfer cases to sessions court by exercising powers under article 142.
The top court asked whether other states had created magistrate-level courts to try these cases.Vijay Hansaria (an amicus curiae in this matter) informed the court that there is one magistrate who is designated as the special court for cases involving MPs/MLAs.
The court indicated that it was considering giving directions to the state governments and the high courts to create special magistrates courts and transfer the cases from sessions to magistrates courts.
After hearing extensive arguments, the top court reserved its decision.
The top court heard the applications of Azam Khan, a senior SP leader, against the notification of Allahabad High Court.
These cases are triable by magistrates and transferred to the special court headed the an officer of the rank additional sessions judge.
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