High Court Criticizes Trial Courts Over Delays in Cases Against Lawmakers

Staff Reporter

Guwahati: The Gauhati High Court, in the latest hearing of a suo motu case on pending cases against MPs and MLAs, expressed displeasure on the actions taken by the trial courts, stating that they were unsatisfactory as well as not in conformity with the settled principles of law.

The HC observed this while hearing the suo motu case [WP(C)(Suo Moto)/3/2020]. It was pointed out that, pursuant to an order passed on October 23, 2025, a report has been placed before the court as to what steps have been taken by the concerned trial courts, with specific reference to those matters contained in the order dated October 23, 2025.

The bench of Justice Devashis Baruah and Justice Arun Dev Choudhury offered the opinion that the report, as well as the actions which have been taken by the trial courts, “do not appear to be satisfactory as well as in conformity with the settled principles of law”.

In this regard, the bench stated that it would like to ask the Registry of the Court to apprise the Trial Courts, before whom various proceedings are pending, of details which were mentioned in the order dated October 23, 2025, and the judgement of the Supreme Court passed in the case of the Central Bureau of Investigation vs. Mir Usman @ Ara @ Mir Usman Ali.

The bench also sought a report from the trial courts regarding the progress made in the cases during the next hearing of the case on January 8, 2026.

The bench found it relevant to take note that pursuant to the order passed by the Court on October 23, 2025, the Director of Prosecution has submitted a detailed road map. “The same is kept on record and marked with letter ‘X’ and shall be considered on the next date fixed,” the bench stated.

In its earlier order dated October 23, 2025, the bench noted that it is also on record that many of the criminal cases against the legislature are private complaints, often lying pending for years because the complainant or witnesses do not appear.

The report had mentioned individual cases, mostly in Kamrup (M), where the complainants had failed to appear before the court, including one where the complainant didn’t appear on 23 dates.

However, it was stated, the report does not disclose why the magistrates have not exercised their power under section 256/249 of the CrPC, as the case may be, inasmuch as, for the fault of the complainant, a trial cannot be allowed to proceed in the manner indicated, particularly when the matter relates to sitting/former legislatures and the Apex Court has already issued a mandate for speedy disposal of such cases.

In this context, the court had ordered that, to have clarity, the registry shall furnish a report in respect of the cases noted therein from the concerned magistrates.

Another aspect of the matter leading to delay in disposal of pending cases is the accused’s nonappearance and the authorities’ failure to execute warrants issued by the courts, even when the complainant/prosecution takes steps in this regard.

The Director of Prosecution was asked to ascertain the reason for such non-execution, and the registry was also asked to obtain an instruction as to whether the complainants are diligently pursuing the complaint by taking appropriate steps.

So far as the GR cases are concerned, the registry was directed to furnish a fresh and detailed report for each case, along with a roadmap for early disposal, in consultation with the Trial Court/Magistrate, and provide the same on the next date fixed. Accordingly, the report was furnished with reasons for delay.

The Director of Prosecution was also asked to include a detailed road map for early disposal against each of the cases where the state is the prosecutor.

Here, it should be mentioned that at the end of the month of September, 2025, the total pending criminal cases of sitting/former MPs and MLAs was 80, with a maximum of 32 cases in Kamrup (M).

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