Supreme Court orders can expedite trial against Khadoor Sahib MP Amritpal Singh

Saurabh Malik

Chandigarh, June 19

More than a year after the National Security Act (NSA) was invoked against Amritpal Singh, the head of ‘Waris Punjab De’may find the cases against him expedited following his election as Khadoor Sahib MP in the recently concluded Lok Sabha elections, given the Supreme Court’s directives on prioritising cases against the lawmakers.

‘Top court directives provide a clear framework’

• The SC direction in the case of “Ashwani Kumar Upadhyay versus the Union of India and another” makes it clear that the high courts across the country have to constitute Benches to monitor the progress of cases involving sitting and erstwhile parliamentarians and legislators, says Satya Pal Jain, Additional Solicitor-General of India
• He says the SC directives provide a clear framework for ensuring an expedited trial and the authorities are required to ensure that such cases are handled by a special court, a strict timeline is adhered to, and transparency is maintained throughout the process

The NSA was invoked against Amritpal Singh and nine others last year, following which they were shifted to Dibrugarh jail in Assam. The NSA allows the government to detain people for up to 12 months without charging them. The operation of an order under the NSA is limited to one year, necessitating the passing of fresh orders after the period’s expiry.

A candidate’s election as an MP does not automatically expedite trials in cases against him as the judicial process operates independently of political status. At the same time, the implication of his election is required to be viewed through the lens of the Supreme Court’s judgments aimed at expediting cases involving elected representatives.

Additional Solicitor-General of India Satya Pal Jain says the SC direction in the case of “Ashwani Kumar Upadhyay versus the Union of India and another” makes it clear the high courts across the country have to constitute Benches to monitor the progress of cases involving sitting and erstwhile parliamentarians and legislators. “The details of newly elected MPs will be placed before the Bench concerned on the next date of hearing, if they have cases pending against them,” Jain added.

He says the SC directives provide a clear framework for ensuring an expedited trial and the authorities are required to ensure that such cases are handled by a special court, a strict timeline is adhered to, and transparency is maintained throughout the process.

The Punjab and Haryana High Court has already made clear its intent to put on the fast lane the cases involving sitting and erstwhile parliamentarians and legislators of Punjab, Haryana and Chandigarh. Expeditious investigation in the matters against them has also been ordered.

It is currently monitoring the progress of cases pending against the MP/MLAs during the hearing of suo motu case, “In Re: Special Courts for MPs/MLAs”. The Bench, during the course of hearing, has already warned the investigating officers of initiation of action in cases of unwarranted delay. The states and the central agency were also directed to ensure that the order passed by the Supreme Court in the case of “Ashwani Kumar Upadhyay versus the Union of India and another” was examined by the investigating officers to ensure due compliance.

Human rights activist and advocate Navkiran Singh says: “It is a travesty of justice that Amritpal Singh and his associates, besides being detained under the NSA, are not being tried in the criminal cases in Punjab even after a lapse of one year and three months. It is a violation of fundamental rights.”