The Delhi High Court has observed that Special MP/MLA Courts can try offences pending against sitting or former legislators and there is no bar for trial of a person who had ceased to be an MP or MLA,.
The Court ordered that an independent tab be created on the High Court’s website providing information about the details of number of cases pending against the MP and MLA, the year of filing, stage of proceedings etc.
The Supreme Court has held that jurisdiction of special courts constituted to try criminal cases relating to MPs and MLAs cannot be such that cases which are triable by magistrate are assigned to sessions judge.