Constitution of Special Court at Chennai for Trial of Criminal Cases Involving Elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu
The Government of Tamil Nadu, Home Department (Courts-II), issued G.O. Ms. No.1423 dated 6th September 2018 to establish a Special Court at Chennai for criminal cases involving elected Members of Parliament and Members of the Legislative Assembly of Tamil Nadu. The court has jurisdiction throughout Tamil Nadu and takes effect from the date its Judge assumes charge. The notification does not govern land or property matters.
What the notification does
The Government of Tamil Nadu, Home Department (Courts-II), issued G.O. Ms. No.1423 dated 6th September 2018 to establish a Special Court at Chennai. The Special Court is authorised to try criminal cases involving elected Members of Parliament and Members of the Legislative Assembly of Tamil Nadu.
The notification gives the Special Court jurisdiction over the entire State of Tamil Nadu. It becomes effective from the date on which the Judge assumes charge of the court.
Background
G.O. Ms. No.1423 dated 6th September 2018 follows directions given by the Supreme Court of India in W.P. (Civil) No.669 of 2016, Ashwini Kumar Upadhyay versus Union of India and another.
The notification records that:
- On 1st November 2017, the Supreme Court directed the Union Government to prepare a scheme for courts dealing exclusively with criminal cases involving elected Members of Parliament and Members of Legislative Assemblies.
- The Government of India prepared a scheme for 12 Fast Track Courts, with one Special Court exercising jurisdiction for one or more states.
- The Ministry of Law and Justice informed the State Government that the Supreme Court approved the scheme on 14th December 2017.
- One Special Court was approved for Tamil Nadu.
- The Government of Tamil Nadu established the Chennai court after consulting the High Court of Madras.
Who is affected
The Special Court arrangement directly concerns elected Members of Parliament and Members of the Legislative Assembly of Tamil Nadu who are involved in criminal cases falling within the court's jurisdiction. It also concerns the authorities and courts handling those cases across Tamil Nadu.
Relevance to property owners and buyers
G.O. Ms. No.1423 dated 6th September 2018 is a criminal court notification. It contains no provisions about land ownership, registration, planning, development, land use, property tax or property transactions. A buyer or owner would not need to take any property related action based on this notification alone.
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Common questions
Does this notification create a court for land or property disputes?
No. It establishes a Special Court for criminal cases involving elected Members of Parliament and Members of the Legislative Assembly of Tamil Nadu.
Where is the Special Court located?
The Special Court is established at Chennai, but its jurisdiction covers the entire State of Tamil Nadu.
When did the Special Court arrangement take effect?
The notification states that it takes effect from the date on which the Judge assumes charge of the court.
Why was the Special Court established?
It was established following Supreme Court directions and an approved Government of India scheme for courts dealing exclusively with criminal cases involving elected Members of Parliament and Members of Legislative Assemblies.
