JAMMU: The High Court of Jammu and Kashmir and Ladakh has issued a stern warning, saying it will pass appropriate orders if the government fails to submit the status of criminal cases and the progress of trials pending against sitting and former legislators in subordinate courts by the next date of hearing.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal granted a “last and final opportunity” to the authorities to comply with the court’s previous directive, issued on April 21, 2025. The order requires the government to file a detailed report and affidavit on the pending criminal proceedings involving Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) in the two Union Territories.
“Learned counsel for the respondents pray for and are granted last opportunity to comply with the order dated April 21, 2025, failing which appropriate order shall follow,” the Division Bench noted during the hearing.
On April 21, the government counsel had sought a brief adjournment to gather information about the current status of trials pending before various courts. However, at today’s hearing, no report was filed. Senior Additional Advocate General Mohsin Qadri again requested time to furnish details about the trials.
The matter is being heard under a Public Interest Litigation (PIL) that was initiated suo motu in compliance with a direction from the Supreme Court of India. The apex court had asked all High Courts to monitor and expedite trials of criminal cases involving sitting and former lawmakers.
The Supreme Court had also instructed High Courts to consider transferring such cases to other courts if that would help speed up proceedings. Further, Chief Justices were asked to submit an action plan along with suggestions and comments to the Secretary General of the Supreme Court.
In a broader directive, the Supreme Court has barred the withdrawal of any criminal case against a sitting or former legislator without the leave of the High Court. It also directed that cases involving MPs and MLAs, especially those under a stay, be listed before appropriate benches immediately and heard on a day-to-day basis for speedy disposal, preferably within two months.
Besides, each High Court has been asked to designate a Judicial Officer to exclusively try such cases. The officer’s tenure must be for a minimum of two years, and their workload should be adjusted based on the number and nature of pending cases.
The next hearing in the case is expected to test the government’s willingness and preparedness to disclose the required data. -(KL)
