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Delhi LG Expands Special Courts: Former MPs, MLAs Now Face Prosecution

Delhi's Lieutenant Governor has made a significant move to expand judicial oversight of politicians. The approval now extends Special Courts' jurisdiction to cover former MPs and MLAs, not just current office-holders. This development comes after the previous government delayed the notification for more than three years. The designated courts will operate from the Rouse Avenue Court Complex, ensuring continued legal accountability for legislators even after they leave public office.

Key Points: Delhi LG Approves Special Courts for Former MPs and MLAs

  • LG VK Saxena approves proposal expanding Special Courts jurisdiction to former legislators
  • Three designated courts at Rouse Avenue Complex will handle these cases
  • Move ensures legal accountability continues even after politicians leave office
  • Previous Kejriwal government delayed notification for over three years
3 min read

Delhi LG approves inclusion of former MPs, MLAs under ambit of designated Special Courts

Delhi LG VK Saxena approves expanding Special Courts jurisdiction to include former MPs and MLAs, ensuring continued legal accountability after they leave office.

"The approval now allows these courts to handle cases not only against serving legislators but also against those who have demitted office. - Lieutenant Governor's Office"

New Delhi, October 15

In a key development, Delhi Lieutenant Governor VK Saxena has approved a proposal expanding the jurisdiction of Special Courts dealing with cases against sitting Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs), also to cover former MPs and MLAs.

According to a press note issued by the Lieutenant Governor's Office, the proposal was forwarded by the Delhi Government, headed by Chief Minister Rekha Gupta, seeking to extend the ambit of the Special Courts functioning at the Rouse Avenue Court Complex. The approval now allows these courts to handle cases not only against serving legislators but also against those who have demitted office.

Courts specially designated for this purpose include Court of Special Judge (PC Act) (CBI)-09, Rouse Avenue, Court Complex, Delhi; Court of Special Judge (PC Act) (CBI)-23, Rouse Avenue, Court Complex, Delhi; Court of Special Judge (PC Act) (CBI)-24, Rouse Avenue, Court Complex, Delhi.

Earlier in July 2023, the Lieutenant Governor had approved the setting up of three Special Courts to exclusively handle cases against MPs and MLAs under the Commissions for Protection of Child Rights (CPCR) Act, 2005, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, at Rouse Avenue Court Complex in the national capital, the press note stated.

It may be recalled that this notification was issued in compliance with a Delhi High Court direction passed in 2020. However, the note also mentioned that the previous Kejriwal Government had delayed the notification for more than three years before it was finally approved.

The proposal, seeking the LG's concurrence for the creation of these designated courts under Section 25 of the CPCR Act and Section 28 of the POCSO Act, was moved by the Department of Women and Child Development (WCD) and vetted by the Law Department.

The three newly designated courts are in addition to the eight existing courts already notified for the trial of offences relating to crimes against children, violation of child rights, and other offences under the POCSO Act.

Section 28 (1) of the POCSO Act states that for the purposes of providing a speedy trial, the state government shall, in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district a court of session to be a special Court to try the offences under the Act.

Section 25 of the CPCR Act states that for the purpose of providing speedy trial of offences against Children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the state or specify, for each district, a Court of Session to be a Children's Court to try the said offences: Provided that nothing in this section shall apply if - (a) A Court of Session is already specified as a Special Court or (b) A Special Court is already constituted, for such offences under any other law for the time being in force, the press note said.

- ANI

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Reader Comments

P
Priya S
Good move by LG Saxena. But why did it take 3 years for the previous government to notify this? Justice delayed is justice denied. Our system needs to be more efficient.
S
Sarah B
As someone who works in child protection, I'm particularly happy about the special courts for POCSO cases involving legislators. Children need this protection regardless of who the accused is.
A
Arjun K
This is a positive development, but I hope the implementation is proper. Special courts should not become another way to delay cases. Need to ensure timely justice delivery.
M
Meera T
Accountability should not end with tenure. Many politicians continue to influence systems even after leaving office. This will help ensure they face consequences for their actions. 👍
D
David E
While I appreciate the intent, I'm concerned about the practical aspects. Will these courts have adequate infrastructure and resources? Without proper funding, this might just remain on paper.

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

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