Context :
Expedite
pending trials against MPs, MLAs: SC
……….. HT / 10 Nov 2023
Extract :
The Supreme Court on Thursday issued a string of directives to expedite pending criminal trials against the members
of legislative assemblies and Parliament
“ Of these ( 5,175 ), cases that are pending for more than five years are as many as 2,116,
which figure is more than 40% of
such pendencies. This is a large number,” lamented the bench
The bench directed :
( 1 ) Chief
justices of all 25 high courts across the country to register cases on their
own motion (suo motu)
to
monitor the early disposal of criminal cases pending against the members of
Parliament and
legislative assemblies
( 2 ) These cases may be heard by the special bench presided by
the chief justices or benched assigned by
them.
( 3 ) The high court may issue such orders and/or directions as
are necessary for expeditious and effective
disposal of the subject cases.
( 4 ) The special bench may consider calling upon the advocate
general or the public prosecutor to assist the
court
( 5 ) The principal district and sessions judge may be asked to
send periodical reports on status of such
trials.
( 6 ) The designated trial courts shall give priority to criminal
cases against MPs and MLAs punishable with
death
or life imprisonment and then to cases punishable with imprisonment for five
years or more.
Offences such as murder, rape of minor,
kidnapping for ransom and mutiny can entail death penalty for
convicts.
( 7 ) The trial courts shall not adjourn the cases except for
rare and compelling reasons.
( 8 ) The learned chief justices may list cases in which orders
of stay of trial have been passed before the
Special Bench to ensure that appropriate
orders, including vacation of stay orders are passed to ensure
commencement and conclusion of trial
( 9 ) High courts shall create an independent tab on their
websites providing district-wise information about
the
details of the year of filing of such cases, their status and other relevant
details.
( 10 ) The special bench may pass such orders or give such
additional directions as are necessary for early
disposal
of the subject cases
My Take :
2019 :
Nightmare Year ?.... ……………………………….12 Dec 2017
Extract :
I assume that ,
· It will be May 2018 , by the time these Special
Courts start working – more than 4 YEARS after the Supreme Court
directed the Centre to set up these courts
· These “ Super Efficient “ courts will
refuse to grant any “ Postponement Dates “ to the accused and not only conclude
within ONE HOUR ( whether the accused was guilty or not ) but also announce the VERDICT
, on the spot ( remember , 4.6 cases / day ?
)
· There cannot be any “ Appeal “ against the judgements of these
special courts
· Some 365 MPs / MLAs ( out of those 1581 accused ) will be
found GUILTY
· The Speakers of the Lok Sabha / Rajya
Sabha , will get court order copies within
7 days
· The Speakers will disqualify , within 7 days , those MPs / MLAs who are
declared guilty and who have been handed out sentences of 5 years or more
· The Election Commission will receive
these “ Disqualification Notifications “ in
7 days
· The Election Commission will announce
re-election dates within 30 days for
seats falling vacant
· These re-elections will start from Dec 2018 and stretch
throughout 365 days of 2019
· To ensure proper / timely availability
of Election officers / police / EVMs / polling booths / presiding officers /
school-teachers / transport etc , spread over 28 States , no more than ONE ELECTION will be conducted PER DAY ( - for each of 365 days of 2019 ! )
With regards,
Hemen Parekh
www.hemenparekh.ai / 12
Dec 2023
And , when questioned about my suggestion , ChatGPT replied as follows
:
Thank you for sharing the
information and your perspective. It seems like you are proposing an
accelerated process for the trials of cases against MPs and MLAs, leading to
quick disqualification and re-elections. Your suggestion involves the use of "Super Efficient" courts and the
implementation of a timeline for various stages of the process.
Now, regarding the use of AI tools to expedite these cases, it's important to
note that AI can indeed play a role in streamlining legal processes, but there
are also challenges and considerations to be taken into account:
1. Case Management: AI can be used for efficient case
management, helping courts keep track of the large volume of cases. It can
automate scheduling, document management, and other administrative tasks.
2. Predictive Analysis: AI algorithms can analyze case data
to predict case outcomes, helping courts prioritize and focus resources on
cases with a higher likelihood of guilt. This could potentially assist in
expediting cases.
3. Virtual Courts: The Supreme Court's directive to
switch over to E-Courts aligns with the idea of virtual courts, and AI can
enhance the virtual court experience. This includes features like automated
transcription, virtual assistants for judges, and AI-driven case analysis.
4. Data Visualization: Creating independent tabs on high
court websites for district-wise information, as suggested in the directives,
could benefit from AI-driven data visualization tools for a more accessible
presentation of information.
However, it's crucial to consider the
ethical implications, potential
biases in AI algorithms, and
the need for human oversight in legal
proceedings.
Additionally, the legal system
involves complex decision-making that may not be fully replaceable by AI.
Your proposed timeline and processes
assume a high level of efficiency and promptness in the legal system.
Implementing such changes would require careful planning, infrastructure
development, and addressing potential challenges.
In conclusion, while AI tools can contribute to expediting legal processes, they
should be integrated thoughtfully, considering legal, ethical, and practical
aspects.
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