Srinagar- The High Court of J&K and Ladakh has sought the latest status report about the trial of cases pending against MPs and MLAs in various courts of Jammu and Kashmir.
A division Bench of Chief Justice Tashi Rabstan and Justice M.A. Chowdhary passed the directions while hearing a Public Interest Litigation registered suo-moto in 2021 following the directions by the Supreme Court of India, directing for monitoring the progress of the trial of cases pending against the sitting and former legislators—MPs or MLAs.
“Needful in terms of order dated 09.09.2024, has not been done,” the Division Bench said. In terms of the 9 September this year order, the court sought the latest status report, observing that the last status report had been filed in 2022.
The High Court’s direction followed submissions by Faheem Nissar Shah, Government Advocate, who sought additional time, which was granted to him. “He shall file the latest status report within four weeks’,” the court said and posted the PIL for further consideration on December 23.
Pertinently, in compliance to Apex Court’s order on 16 September 2020, directing for monitoring the progress of the trial of cases pending against the sitting/ former legislators (MPs or MLAs), the High Court’s Registry registered the PIL as “Court on its own motion versus Union of India and others” in 2021. Subsequently, the “Union of India” was arrayed as a party through Home Secretary, “Union Territory of J&K” through Commissioner Secretary, Home and “Union Territory of Ladakh” through Commissioner Secretary, Home.
On the day, the court had directed the parties to inform it as to the number of trials which are pending in different subordinate courts as well as the matters pending in the High Court against the MPs or MLAs.
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