HC’s suo motu PIL on cases pending against legislators

HC’s suo motu PIL on cases pending against legislators

Srinagar: The High Court of Jammu and Kashmir and Ladakh on Tuesday took suo motu cognizance of the directions of the Supreme Court with regard to monitoring progress of trial of cases pending against sitting/former legislators.

Treating the matter as a PIL, “Court on its own motion vs Union of India and others”, the court sought information with respect to the number of trials which are pending in different subordinate courts as well as the matters pending in the High Court against legislators.

The bench of Chief Justice Pankaj Mithal and Vinod Chatterji Koul passed the directions in view of the Supreme Court order dated 16 September, 2020, passed in plea no.699/2016 directing for monitoring the progress of trial of the cases pending against sitting/ former legislators (MPs or MLAs).

The court said, “In this suo motu motion, the Union of India shall be represented through Home Secretary, Union Territories of J&K and Ladakh, through Commissioner Secretary, Home.”

“Let the respondents be arrayed accordingly and notice be issued to them,” the bench directed.

The notice on behalf of Union of India and Ladakh Territory was accepted by Tahir Majid Shamsi, Assistant Solicitor General of India, and on behalf of the Government of Jammu and Kashmir, the notice was accepted by Advocate general DC Raina.

The court called for response to the motion by 21 October, 2021.

 

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