HC grants ‘last opportunity' to Centre, J&K to file trial status of cases against ex, sitting legislators
Srinagar, Jul 2: The High Court of J&K and Ladakh has granted the Centre as well as J&K government the last opportunity to file the latest status report about the trial of criminal cases pending against sitting or ex-parliamentarians facing trial in various courts in J&K.
Hearing on its own motion a Public Interest Litigation (PIL), a division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal sought the report by August 11 failing which, it said, appropriate order would follow.
The court granted more time for the fresh status report following the submission by the counsel for the Union of India and J&K for the same. “…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 court said in its order.
In its order of April 21 this year, the court had granted further time to Centre and J&K government to file a fresh status report in the matter by July 1.
The High Court registered the PIL suo moto in 2021 in view of directions contained in the order dated September 16, 2020, of the Supreme Court passed in Writ Petition (Civil) No 699/2016 directing for monitoring the progress of the trial of cases pending against the sitting and former legislators -MPs or MLAs.
After the High Court Registry registered the PIL as “Court on its own motion versus Union of India and others” in 2021, it arrayed the Union of India as a party through its Home Secretary, Union Territory of J&K through its Commissioner Secretary, Home and Union Territory of Ladakh through its Commissioner Secretary, Home.
Earlier in 2022, the Jammu and Kashmir government had informed the High Court of J&K and Ladakh that 13 former members of the Legislative Assembly and sitting or ex-parliamentarians were facing trial in the courts of J&K. Notably, on September 16, 2020, the Supreme Court while hearing a petition filed by Ashwani Kumar Upadhaya observed that one of the main objectives behind issuing notice in the Petition, and the various orders passed from time to time on it was to ensure that criminal prosecutions against elected representatives (MPs and MLAs) were concluded expeditiously.
The top court was of the opinion that such special consideration was required not only because of the rising wave of criminalisation that was occurring in the politics in the country, but also due to the power that elected representatives (sitting or former) wield, to influence or hamper effective prosecution.
While the apex court observed that as legislators are the repositories of the faith and trust of their electorate, there is a necessity to be aware of the antecedents of the person who is or was elected. “Ensuring the purity of democratically elected institutions is thus the hallmark of the present proceedings,” it said.
