Prepare segregated lists of cases filed until 2016 and from 2017 to date: HC
Staff Reporter
Guwahati: The Gauhati High Court has directed the Registry to redraw the list of pending cases against MPs and MLAs, segregating those cases where the sitting and former legislators are not accused but are complainants/informants and also a list where the sitting and former legislators are accused. In doing so, the court directed that two separate lists be prepared, with the first consisting of those cases which are registered/pending until the year 2016 and the second consisting of the rest of the cases, from 2017 until date.
The date of submission of the lists will be decided on the next date of hearing on March 10.
In the latest hearing by the bench of Justice Devashis Baruah and Justice Arun Dev Choudhury of the case relating to pending cases of MPs and MLAs (WP(C)(Suo Moto)/3/2020) in courts of the four states of Assam, Arunachal Pradesh, Nagaland and Mizoram, under the jurisdiction of the Gauhati High Court, it was observed that a report has been submitted, pursuant to this court’s earlier order dated January 20, 2026, with the list of pending cases produced also including the cases where sitting and former legislators are complainants/informants.
The court had earlier directed that, during the instant hearing on March 5, the Registry is to place an up-to-date status report indicating the progress of the cases.
At the outset of the latest hearing, the court noted that the issue of expeditious disposal of criminal cases involving sitting and former legislators is no longer ‘res integra’, a Latin phrase meaning a legal matter that remains unresolved or entirely new.
The court noted that the Supreme Court has repeatedly emphasized that delay in such trials erodes public confidence in the justice delivery system and has, by way of continuing mandamus, directed high courts to closely monitor such cases. Without any ambiguity, the criminal cases where the sitting or former legislators are involved as accused were directed to be expedited and monitored by a division bench of the respective high courts.
“That being the position, the list of pending cases should be re-drawn, segregating those cases where the sitting and former Legislators are not accused but complainant/informant and thereafter, prepare a list of pending cases where the sitting and former Legislators are accused,” the court directed.
From the report, the court also observed that the cases pending for disposal were initiated during the period from the year 2003 until 2026.
“To give preference and to expedite the old pending cases and to properly monitor those cases, in our opinion, two separate lists are required to be prepared: (I) consisting of those cases which are registered/pending till the year 2016 and (II) consisting of the rest of the cases from 2017 till date. Therefore, Registry is directed to prepare the list of pending cases, taking note of the aforesaid criteria as discussed hereinabove, age wise/court wise,” the court also directed.
During the deliberation, it was also brought to the court’s notice that the Assam government had carried out an exercise of appointment of Public Prosecutor/Additional Public Prosecutor/Assistant Public Prosecutor, and more than 200 such Public Prosecutors have been appointed.
Moreover, it was also brought to the court’s notice that in view of the aforesaid appointment, the existing public prosecutors, etc., are not cooperating with the prosecution, as they are being replaced by the newly selected Public Prosecutors and ‘there is a kind of stalemate in achieving the expeditious prosecution’.
In view of the aforesaid, this Court deemed it appropriate to seek the assistance and opinion of the Advocate General, Assam, in this regard and listed the matter on March 10, 2026, for the Advocate General’s hearing.
“As regards the finalization of the segregated list as indicated hereinabove, the Registry may continue to prepare the segregated list; however, the date of submission of such list before this Court shall be considered on the next date of listing,” the court concluded.
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