Expedite Service Of Summons In Cases Against MP/MLAs Pending For More Than 10 Years, Directs Kerala High Court

The Kerala High Court on Wednesday (September 24) passed an interim direction asking the state government and the High Court administration to issue necessary instructions to the Nodal Officers to coordinate for expediting the service of summons against MP/MLAs in cases which are pending for more than 10 years.

The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued the order while considering a suo motu petition registered in 2021 complying with the directions of the Supreme Court in Ashwini Kumar Upadyay v. Union of India [W.P.(C) No. 699 of 2016] so as to monitor the progress of pending criminal cases against sitting/former MPs and MLAs.

The Court had earlier perused a list after bifurcating the pending cases into two: cases which are pending in the High Court where stay of proceedings are granted and, the cases which are pending at the stage of framing charges or statement of charges. It also noted that a total of 313 cases are pending in respect of both sitting and former MP/MLAs. In this, 54 cases have been pending for more than 10 years and 127 cases for more than 5 years.

"The remarks in respect of the present status in several cases are that because of the non-execution of process, the appearance of the accused has not been secured in many cases...The service of process is an executive function and it cannot be accepted that large number of cases are pending for this reason. This aspect has been considered by the Hon'ble Supreme Court in the case of Ashwini Kumar Upadhyay v. Union of India and Another, wherein it was pointed out to the Hon'ble Supreme Court that due to non-execution of warrants and failure to summon the witnesses, large number of cases were pending. Therefore, certain time bound directions are necessary," it had noted in its order dated 17.01.2025.

Therein, it had also recorded the submission of the Director General of Prosecution that the State machinery would take steps to ensure that the trials pending at the stage of framing charges (or statement of charges, as the case may be) would not be held up for lack of service of process. The Home Secretary to call for the information regarding the status of service of process on the accused in the cases given in the list.

Pursuant to another order passed in the case, Nodal Officers have been appointed to act on behalf of the State and the Courts. The state government had appointed the Deputy Superintendent of Police in each area as Nodal Officers to act on part of the State.

Today, the High Court administration submitted that Junior Superintendents attached to the courts of judicial magistrate first class would act as Nodal Officers for the courts and that they would coordinate with the Nodal Officer of the state government.

The amicus in the case suggested that as a first step, there should be a coordinated efforts from the State agencies and the Registry of the Courts to enable completion of process serving at least in the cases where the summons are pending for more than 10 years. 

The Court thereupon pronounced:

"From the records that is placed before us, still the issue regarding non-service of summons of warrants persists...Both the state government and the High Court administration would issue necessary instructions in that regard to the Deputy Superintendent of Police (Nodal officer) and Junior Superintendents (Nodal Officers) to coordinate for expediting the service of summons in cases where it is pending more than 10 years. After this first step is taken, thereafter, it could be replicated in the other cases which are pending."

"You will have to issue formal order and also the administration will have to issue an order to that effect. Coordinate," the Court orally added.

The case would be posted again after six weeks.

Case No: OP (Crl). No. 448 of 2021

Case Title: In Re: Designated Courts for MPs/MLAs

Click to Read/Download Order dated 17.01.2025