A special Bench of the Kerala High Court headed by the Chief Justice will monitor the progress of the trial of cases involving legislators. Steps for the urgent listing of 12 cases pending before the High Court at appropriate Benches will also be undertaken, the High Court has informed the Supreme Court.
The courts considering cases against law-makers, both present and former, would strive to complete the trial within one year. In the State, 324 such cases are pending in various courts. The principal sessions court and a magistrate court in each district trying such cases would be designated as special courts for the purpose, according to an action plan submitted by the High Court to the Supreme Court recently.
Sole special court
Currently, the Additional Chief Judicial Magistrate’s Court, Ernakulam, is the only special court in the State exclusively trying cases against MPs and MLAs.
As many as 298 such cases are pending before the magistrate courts in the State with Thiruvananthapuram topping the list (89 cases). Three cases tried by sessions courts were stayed by the High Court. Six cases were booked under the Prevention of Corruption Act against the law-makers. One case was pending before the CBI Court. Directions will be issued to expedite the proceedings and complete the trial by adhering to the apex court guidelines, the High Court submitted.
In two years
In Thiruvananthapuram, one Additional Chief Judicial Magistrate Court and two Judicial First Class Magistrate Courts may be designated as special courts considering the pendency of cases. A minimum tenure of two years would be sufficient to clear the pendency of cases. It has been estimated that each sessions judge can dispose of 15 cases a year and each magistrate, 50 cases a year.
Barring the cases before the Vigilance and CBI courts, all other pending cases involved offences punishable under the Indian Penal Code. The cases pending in the magistrate courts were not of serious nature, it was submitted.
Recently, a Judicial Magistrate Court in Thiruvananthapuram had refused permission to withdraw the prosecution in a case booked against a few legislators for the ruckus created in the State Assembly during the term of the previous government.
