Special cells in High Courts to fast-track politicians’ trial

NEW DELHI: J Jayalalithaa's conviction in a disproportionate assets case after 18 years and former Bihar CM Lalu Prasad's conviction after 17 years may be things of the past. Now, each of the 24 high courts in the country will have a special cell dedicated to monitor trials against MPs/MLAs and ensure that they are completed within a year of registration of the case.

Sources said detailed guidelines to be communicated by the Centre to states and all high courts soon provide that if investigation against accused lawmakers is delayed or unnecessary adjournments are granted by a sessions court, the district judge may be authorized to initiate action against the guilty.

The district judge may be vested with powers to arrest accused politicians in case he is found to be influencing the probe or take action against superintendent of police in whose jurisdiction the case has been registered if the SP fails to complete the probe within three months of the FIR.

The law ministry, in consultation with the home ministry, is preparing a blueprint to reform the entire criminal justice system, with particular emphasis on fast-tracking trials of elected representatives that, as per a ruling of the apex court, should be completed within a year after registration of case.

The guidelines, to be soon communicated to chief justices of high courts and chief ministers, provide for setting up of a special cell in each of the 24 HCs where records of all cases filed against elected representatives (MPs/MLAs) will be maintained and updated on a quarterly basis. Already, home minister Rajnath Singh and law minister Ravi Shankar Prasad have written to CMs and chief justices of HCs to create a databank on all cases against elected representatives and ensure that their trials are completed within a year, adhering to the apex court order.

Significantly, the proposed guidelines for police include holding an investigating officer or the SP responsible for completing probe against a lawmaker charge-sheeted for heinous crimes within three months or face action. The SP has been made the supervisory authority responsible for all investigation to be completed in the specified period.

Similarly, district judge will be responsible for monitoring trials and ensuring that sessions courts carry out trials on a day-to-day basis and unwarranted adjournments are not allowed. When it comes to trials of MPs/MLAs, the district judge will have to ensure that they are completed within one year, and in case of delay, this has to be conveyed to the chief justice of HC giving reasons for the delay.

The guidelines proposing reform of the criminal justice system is being drawn based on various judgments of the Supreme Court and incorporating recommendations of past reports of the Law Commission, sources said.

After these guidelines are cleared by the government, the home ministry will send out advisories to states to carry out necessary changes in its investigation and prosecution system. State governments may be asked to set aside a dedicated team of police officials for court-related work and a separate staff for investigation.

A quarterly report is proposed to be generated by district judges on all cases against MPs/MLAs and record therein the stages of trials in each case and send it to the HC special cell.

The government is also looking at anomalies in appointment of director of prosecution in several states. In some, while the director of prosecution is a police post and in others it is the district judge. The proposed guidelines may provide that the district judges should solely be appointed as director of prosecution to ensure impartiality in investigation against influential persons.