Ashwini Upadhyay Ruling Deciphered, Special Courts Can Try Sitting & Former Legislators, Not Just Current Offenses: Delhi High Court
Case Title: Manjinder Singh Sirsa vs State of NCT of Delhi and Anr.
Case No: CRL.M.C. 9128/2023 & CRL.M.A. 34100/2023
Decided on: 08.01.2024
CORAM: Hon’ble Ms. Justice Swarna Kanta Sharma
Facts of the Case
In an effort to reform elections, the Supreme Court issued several directives in the case of Ashwini Kumar Upadhyay v. Union of India, W.P. (C) 699/2016, including establishing Special Courts in various states to expedite trials for criminal cases involving MPs/MLAs. One such court was set up in Delhi in February 2018. However, on November 9, 2023, the Court further directed these Special Courts to prioritize cases against current MPs/MLAs.
The petitioner, a former MLA in Delhi, argues that this new directive doesn’t apply to him since he ceased being an MLA in February 2020, before the updated directions were issued. He further claims the criminal complaint against him pertains to events after he left office, therefore exceeding the Special Court’s jurisdiction.
Despite appearing in court through counsel due to being out of the country, the petitioner’s attempt to quash the complaint and summoning order through CrPC Section 482 and subsequent revision were unsuccessful. He then sought to return or transfer the complaint based on jurisdictional grounds, but this request was also dismissed. This dismissal prompted the petitioner to file the present petition.
The petitioner maintains that he shouldn’t face trial in the Special Court meant for current MPs/MLAs because he is no longer one and the alleged offenses occurred after his term ended. The court’s decision on this petition will determine the venue and potential consequences for the petitioner’s upcoming trial.
Legal provision
Section 482 of CrPC –
Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Issues
- Whether the Special courts, constituted for the purpose of trying cases relating to MLAs/MPs, will have jurisdiction to try the petitioner?
- Whether the directions contained in the judgment of Hon’ble Apex Court apply to cases, registered after a person ceases to be an MP/MLA?
Court decision and analysis
Hon’ble Apex Court had sought details from the Government of India, as rightly observed by the learned ACMM, regarding cases which are lodged against the present or former legislators, between the period from 2014 and 2017. Thereafter, the Hon’ble Apex Court had passed certain directions for the effective disposal of criminal cases against sitting and former legislators, in 2018. The Hon’ble Apex Court had directed the High Courts to provide information about the pending cases against MPs/MLAs in a prescribed format, in 2020. Thereafter, after the matter was again taken up by the petitioner, it was clarified that the pendency of the case of Ashwini Kumar Upadhyay, would not come in the expeditious disposal of the case relating to the elected representatives i.e. either sitting or former. Hon’ble Apex Court nowhere has observed that the Special Courts shall try only those offenses where the accused was a sitting MP/MLA, at the time of the commission of offence.
On the basis of the aforementioned orders, Court arrived to the conclusion that the Special Courts were constituted for dealing with cases against the legislators i.e. MPs or MLAs, whether sitting or former.
In the light of the directions issued by the Apex Court contained in the case of Ashwini Kumar Upadhyay and applying it to the facts of the present case, the court was of the opinion that the Special Court constituted to deal with cases against MPs/MLAs, have no jurisdiction to try the present complaint case.
Accordingly, the present petition along with pending application stood dismissed.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Bhawana Bahety