Delhi CM, MLAs, MPs to face speedy trial

New Delhi: In a significant move, the Delhi government has initiated the process to fast track trial proceedings in 68 criminal cases pending across city courts against chief minister Arvind Kejriwal, his deputy Manish Sisodia, health minister Satyendra Jain, Union minister Vijay Goel along with 21 AAP MLAs, two BJP legislators and four Parliamentarians from Uttar Pradesh, Rajasthan and Himachal Pradesh. All the public prosecutors have been directed to fast track criminal trial proceedings pending in the city courts against all the sitting legislators.

In a letter to the Delhi government, director (prosecution) Pankaj Sanghi has directed all the public prosecutors to take appropriate action to fast track proceedings against sitting legislators in criminal cases pending against them. Additional prosecutor Ghanshyam Shrivastava has been deputed as the liaison officer for the critical task.

Among the legislators whose cases are pending in courts are leader of the Opposition in Delhi Assembly Vijender Gupta, former city ministers Somnath Bharati and Rakhi Bildan, former deputy speaker Vandana Kumari, BJP legislator O.P. Sharma, Parliamentarians Sona Ram from Rajasthan, Ramshankar Kathuria and Satish Kumar Gautam from UP and Anurag Thakur from Himachal Pradesh, and AAP MLAs Akhilesh Tripathi, Jitender Tomar, Amanatullah Khan, Raju Dhingan, and Mahender Singh Yadav.

While 59 cases are pending against MLAs, only nine cases are being tried against five MPs. Mr Kejriwal is the only legislator against whom a maximum of nine cases are pending. He is followed by Mr Sisodia, Ms Vandana Kumari and MLA Surinder Singh, each of whom have five cases pending against them.

For expeditious trials, either the court of metropolitan magistrate of each judicial district will be designated as the special court or one of the sessions court can be designated for fast tracking of trial proceedings. The government is likely to send a request to the Delhi high court seeking directions to the district and sessions judge of each district to fast track trial proceedings against the sitting legislators.

At a recent high-level meeting, the DCP (legal cell) of the Delhi police was directed to depute a liaison officer to monitor the cases pending against sitting legislators. A senior officer said in case of shortage of prosecutors, the state could appoint special prosecutors. He said that highest priority would also be accorded to produce prosecution witnesses, medical and forensic reports and other documents before the concerned courts. The state home secretary will himself review the status of these cases at regular intervals. It is learnt that the district level coordination committee may also be constituted for monitoring these cases. These committees are likely to be headed by the district and sessions judge of the respective districts.

The government move for  expeditious trial proceedings comes in the wake  of the Supreme Court  direction that trial proceedings against law makers in offences  under  the Representation of Peoples Act, if possible, should be held on a day-to-day basis. The apex court had said : “ If for some extraordinary circumstances, the concerned court is not able to conclude the trial within one year  from the date of framing charges, such court would submit the report to the Chief Justice of the respective High Court indicating special reasons for not adhering to the time limit and delay in conclusion of the trial. In such a situation, the Chief Justice may issue appropriate direction to the concerned court extending the time for conclusion of the trial.”