SC asks Allahabad High Court to set up special magisterial courts to try lawmakers in minor offences
The Hindu
Supreme Court observed that its earlier direction on setting up of special court was “misinterpreted” and “misconceived” by the Allahabad High Court
The Supreme Court has asked the Allahabad High Court to issue a fresh notification to set up special magisterial courts to try minor offences involving lawmakers and ensure allocation of cases to sessions or magisterial courts depending upon the gravity of offences, saying the non-setting up of such courts in Uttar Pradesh was “based on an evident misconstruction” of its orders.
Asking the High Court to issue a fresh circular “in conformity of the present order”, a bench headed by Chief Justice N.V. Ramana took exception to non-setting up of special magisterial courts in Uttar Pradesh for trying lawmakers in minor offences and said that the notification issued by the high court on August 16, 2019, was based on an “evident misconstruction” of its directions.
The order of the special bench, which also comprised Justices D.Y. Chandrachud and Surya Kant, came on pleas raising the legal question of whether minor offences, triable by magisterial courts, against lawmakers can be prosecuted before a special court presided over by a sessions judge who is senior to a Judicial Magistrate.
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