The Supreme Court on Wednesday orally observed that the Allahabad High Court has misinterpreted its order by not creating magisterial courts for trying cases against MPs/MLAs, and instead allowing sessions courts to try such cases.A bench, .
The Supreme Court on Wednesday said that the Allahabad High Court has misinterpreted its order by not creating magisterial courts for trying cases against MPs/MLAs, instead designated only sessions courts for such purposes. "Don't misinterpret our orders. We know what our orders are. We allowed creation of magisterial courts," a bench of Chief Justice N V Ramana and Justices
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.
The Supreme Court has been told that there is no illegality in the constitution of special courts, for cases against MPs/MLAs, at the sessions level for trial of both sessions cases and magisterial trial cases.In a report, amicus curiae senior .
As per amicus, Magisterial trial cases already concluded or pending trial will not be open to challenge only on the ground that the final judgement has been passed by a special court headed by a sessions judge.