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Supreme Court of India 2023-11-09 disposed

ASHWINI KUMAR UPADHYAY vs UNION OF INDIA & ANR

Bench: 3 — Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha, Manoj Misra

In Brief

This writ petition sought expeditious disposal of criminal cases against elected members of Parliament and Legislative Assemblies. The Supreme Court held that confidence in elected representatives is essential for parliamentary democracy, but becomes difficult when thousands of criminal cases remain pending. Rather than imposing uniform national guidelines, the Court delegated responsibility to High Courts to establish designated courts for such cases, with clear priority sequencing based on severity. High Courts must register suo-motu monitoring cases, allocate trials to appropriate courts, minimize adjournments, and publish district-wise case data online. The approach recognizes substantial variation in case loads, judicial resources, and local practices across different states and districts.

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