Roster rjig in Delhi High Court: Justice Jain gets MP/MLA cases; Justice Swarna Kanta moved to civil petitions

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The Delhi High Court has reassigned criminal cases involving sitting and former lawmakers to Justice Manoj Jain in its annual roster reshuffle, with Justice Swarna Kanta Sharma moved to hear civil writ petitions from July 1.In a reshuffle of its roster of cases, the Delhi High Court on Friday assigned criminal cases relating to sitting and former lawmakers to Justice Manoj Jain. This set of politically sensitive cases was being heard by Justice Swarna Kanta Sharma for nearly three years.The roster change is a routine administrative move undertaken every year before the court reopens, after the summer break, to streamline the listing of cases. The change will take effect from July 1.Justice Sharma will now hear civil writ petitions on subjects such as mines, sexual harassment at workplace, Right to Information and those involving statutory authorities such as the Delhi Transport Corporation, Urban Arts Commission, Airport Authority of India, etc.A designated MP/MLA roster deals with criminal cases against former and current lawmakers. Since a majority of cases, especially in the national capital, involve opposition leaders like former chief minister Arvind Kejriwal, Justice Sharma’s courtroom was at the centre of heated political tussles.In April, citing an apprehension of bias, Kejriwal and other accused had filed affidavits seeking Justice Sharma’s recusal from hearing the Central Bureau of Investigation’s challenge to the trial court’s order discharging them in the Delhi liquor policy case. Initially, Justice Sharma rejected the recusal application and instead initiated contempt proceedings against Kejriwal and others. Subsequently, the case was transferred to Justice Jain.In April 2021, a Supreme Court bench of three judges, headed by then Chief Justice of India N V Ramana, had directed setting up of special courts and designated rosters to deal with criminal cases against lawmakers. The direction was part of the court’s effort to streamline such cases and clear the backlog. The bench had also directed that no prosecution against an MP or an MLA can be withdrawn without the permission of the high courts which are monitoring the progress of cases pending against such elected lawmakers.Apurva Vishwanath is the National Legal Editor at The Indian Express, where she leads the organization’s coverage of the Indian judiciary, constitutional law, and public policy. A law graduate with a B.A., LL.B (Hons) from Dr. Ram Manohar Lohiya National Law University, Apurva brings over a decade of specialized experience to her reporting. She is an authority on judicial appointments and the Supreme Court Collegium, providing critical analysis of the country’s legal landscape. Before joining The Indian Express in 2019, she honed her expertise at The Print and Mint. Follow her insights on the intersection of law and governance on Twitter ... Read More Tags:delhi high court