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Delhi HC sets up special courts to try MPs, MLAs in criminal cases

The special courts will function in Patiala House Courts complex from March 1.

New Delhi: The Delhi High Court has set up two special courts to exclusively deal with criminal cases involving politicians and for their speedy disposal, in pursuance with the Supreme Court's directions. The high court designated Special CBI Judge Arvind Kumar and Additional Chief Metropolitan Magistrate Samar Vishal, of the Patiala House Courts, to preside over the special courts.

An administrative order said Acting Chief Justice Gita Mittal and other judges of the Delhi High Court, in compliance with the directions of the Supreme Court on November 1, 2017 and December 14, 2017, have designated the two courts as special courts to deal with cases against elected MPs/MLAs.

The February 23 order issued through High Court Registrar General Dinesh Kumar Sharma said the special courts will function in Patiala House Courts complex from March 1.

"The acting chief justice and judges of this court have further been pleased to order that the cases pending against MPs/MLAs in different courts be transferred to these two courts before March 1 and to put such cases on fast track and endeavour be made to dispose of the same within one year," it said.

The apex court on December 12, 2017, had directed that 12 special courts, to be set up to exclusively deal with cases involving lawmakers, should start functioning from March 1, 2018, and had asked the Centre to "forthwith" allocate Rs 7.80 crore proportionately to the respective states.

It had also called for their speedy disposal, saying such a move would be in the "interest of the nation". The top court had passed the directions while hearing petitions, including the one filed by advocate Ashwini Kumar Upadhyay, seeking to declare the provisions of the Representation of the People Act, which bar convicted politicians from contesting elections for six years after serving jail term, as ultra vires of the Constitution.

It had also said that the respective high courts would trace out from case records under their jurisdiction, the cases pending against the lawmakers and earmark them to these special courts.

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