Kiran Raj

The Gauhati High Court, in a recent proceeding, reviewed the status of pending criminal cases involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) across multiple northeastern states. The court took note of the progress in these cases, directing the concerned courts to take reasonable measures to expedite hearings while minimizing unnecessary adjournments.

The case pertains to the monitoring of criminal cases against elected representatives in Assam, Nagaland, Mizoram, and Arunachal Pradesh. The matter was taken up as a suo motu writ petition before the Gauhati High Court to ensure that cases involving MPs and MLAs are resolved efficiently.

The proceedings were presided over by Justice Suman Shyam and Justice Arun Dev Choudhury. Senior Advocate T.J. Mahanta, representing the petitioner, was assisted by T. Gogoi, while D. Mazumdar, Additional Advocate General (AG) of Assam, along with M. Kechi, Additional AG of Nagaland, P. Bhattacharyya, Additional AG of Mizoram, and A. Chandran, Senior Government Advocate of Arunachal Pradesh, appeared for their respective states.

As per the court’s order dated December 9, 2024, the Registry of the High Court submitted a report on January 24, 2025, detailing the status of these cases. The report covered pending cases both before the Principal Seat of the High Court and at the district judiciary level in Assam, along with updates from other states.

The High Court reviewed the progress of 20 criminal cases pending before its Principal Seat, noting that five cases have been disposed of, while the remaining 15 cases are scheduled for final hearings in February 2025. The court observed: "It is apparent that some progress has been made in ensuring expeditious disposal of the cases involving MLAs/ MPs."

For the district judiciary of Assam, the report indicated that 73 proceedings are currently pending before various courts at different stages. Acknowledging its role as a monitoring Bench, the court stated that it would not issue specific directions but observed that: "The concerned courts may take all reasonable steps so as to expedite the hearing and disposal of those cases, if necessary, by fixing short dates and by avoiding adjournments wherever possible."

Regarding the State of Nagaland and Mizoram, the court recorded that the report did not indicate any pending criminal cases against MLAs or MPs. However, the counsels representing these states informed the court that they had not yet received copies of the report dated January 24, 2025.

For Arunachal Pradesh, Government Advocate A. Chandran also submitted that he had not received a copy of the report and was, therefore, unable to respond to the court’s queries regarding pending cases in the state.

The Gauhati High Court directed its Registry to furnish copies of the January 24, 2025, report to the representatives of the states of Assam, Nagaland, Mizoram, and Arunachal Pradesh to ensure transparency and allow for any necessary responses.

Further, the court ordered: "Insofar as the cases pending in the Principal Seat of the Gauhati High Court are concerned, Registry to also furnish an updated status report on or before the next date fixed."

The matter is now scheduled for the next hearing on March 11, 2025, subject to the availability of the Bench.

Case Title: Designated Courts for MPs/MLAs v. State of Assam & Ors.

Case Number: WP(C)(Suo Moto)/3/2020

Bench: Justice Suman Shyam, Justice Arun Dev Choudhury

[Read/Download order]