Former MP Atiq Ahmad, accused in the murder of lawyer Umesh Pal will be produced today before an MP/MLA court in Prayagraj district of Uttar Pradesh today.
He was brought to Prayagraj yesterday evening amidst high security from Sabarmati jail in Gujarat. Atiq, his sons, and his cousin are accused in the Umesh Pal murder case.
Uttar Pradesh Police had filed a fresh FIR in the Umesh Pal murder case against 13 people two days back including Atiq Ahmed, his son Ali Ahmed, cousin Aslam and 10 others in different sections of IPC including 307 and 120 B. Meanwhile, enforcement directorate officials conducted raids on the associates of Atiq Ahmed yesterday in Prayagraj.
Atiq has already been convicted in the 2006 kidnapping case of Umesh Pal. Umesh Pal was an eye witness in the Raju Pal murder case and he was brutely murdered in broad daylight in Prayagraj in February month this year.
What is MP/MLA Court?
as directed by the Hon’ble Supreme Court of India vide its Orders dated 01.11.2017 and 14.12.2017, the Union Government facilitated setting up of 12 Special Courts in States which had 65 and above pending cases, for expeditious trial of criminal cases involving MP/MLAs.
Accordingly, 12 Special Courts (02 in NCT of Delhi and 01 each in the state of UP, Bihar, WB, MP, Maharashtra, Karnataka, Andhra Pradesh, Telangana, Tamil Nadu and Kerala) were constituted. 10 Special Courts are presently functional in 9 States (Special court of Bihar and Kerala were discontinued as per direction of the apex court dated 04.12.2018). Performance of these special courts is being monitored by the Hon’ble Supreme Court of India.
Are such courts Constitutional?
Yes! Supreme court in an earlier judgement clarified that such courts are legitimate and are based on motto of speedy justice associated with cases of /against legislators.
"In such circumstances, a special mechanism for speedy trial of these cases cannot be flawed. No special procedure less advantageous to the accused persons has been prescribed for trial of cases involving MPs/ MLAs; these cases are tried as per gener...
Read more at: https://www.deccanherald.com/national/south/special-courts-for-mp/mlas-not-unconstitutional-sc-told-1050336.html
Overall such alternative is a need of the hour for Judicial system as it helps distributing the weight of judicial work in specialised domain bodies.
(GS-PAPER2)
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