Assam prosecution proposes 5 special courts to fast-track cases against MPs, MLAs

Guwahati, Sept 7: Asked by the Gauhati High Court to provide a road map to speed up cases against present and former elected people’s representatives pending in various trial courts, the State’s Director of Prosecution has proposed setting up of five designated courts and adoption of a strict trial calendar and continuous hearings.

A total of 72 cases, involving past and present MPs and MLAs are pending before different courts. Of them, 27 are complaint cases and 26 are GR/PRC (general register/ police report case) cases and two are special vigilance cases. Out of these 72 cases, maximum 25 are pending before the Additional CJM Kamrup Metro and six before the Special Judge, CBI and NIA and four before Additional District & Sessions Judge No. 1, Kamrup Metro.

The oldest case is related to the year 2004 and it is seen that most of the cases, more particularly pending in the district Kamrup Metro, are either in the stage of appearance or copy.

Director of Prosecution M Phukan flagged six reasons for such delay – frequent witness absence, summons not served, process returned without execution, delays due to transfers of cases and re-assignments, non-availability of sanction orders and frequent adjournment by the accused legislator and delay in obtaining forensic reports.

In a road map to speed up the cases, Phukan proposed setting up of five designated courts for trying the cases, appointment of pairvi officers (to liaison between police station and court), collaboration with India Posts, a strict trial calendar and continuous hearings, a monitoring and accountability mechanism, engagement of more special public prosecutors for each designated court, time-bound evidence collection and forensic report.

The road map was presented before a special designated court of Justice Devashis Baruah and Justice Arun Dev Choudhury, which said it will further deliberate on it.

The designated court had also sought a report from the Nagaon CJM relating to two pending cases in the district, but the report was not found to be “satisfactory” as it “did not address the issue flagged by the designated court”. A fresh report has been sought.

“We expect that the Office of the Director of Prosecution, shall initiate measures so that the prosecuting agency takes appropriate steps for speedy trial. The concerned Senior Superintendent of Police of the respective districts shall lend necessary assistance to the Director of Prosecution,” the designated court directed, also asking the district SSPs to ensure that summons are served and execution of warrants issued by courts for appearance of the accused in time.

The Supreme Court had issued a set of guidelines for high courts for expeditious disposal of criminal cases against MPs and MLAs.