Karnataka High Court Holds Special MP/MLA Courts Can Try Offences From Before Legislative Tenure

The Special Courts set up to try criminal cases against sitting and former MPs and MLAs can hear charges even if the alleged acts came before the accused entered the legislature. A single-judge bench of Justice M. Nagaprasanna gave the ruling while allowing a petition by former Member of Legislative Council B.M. Farooq, who had challenged criminal proceedings pending against him before a regular Magistrate.

Charges spanning breach of trust, cheating

In the proceedings before the ordinary court, the prosecution had invoked Sections 409, 420, 461, 468, 471 and 120B of the Indian Penal Code. Section 409 of the Indian Penal Code dealing with criminal breach of trust by public servant was cited as described in the order. Part of the prosecution was a charge of cheating under Section 420 of the same Code. Forgery for the purpose of cheating under Section 468 and use of a forged document as genuine under Section 471 were also alleged. For conspiracy, the prosecution invoked Section 120B, while Section 461 of the Code figured among the offences in the proceedings before the Magistrate.

Court cites speedy disposal aim

According to the bench, the Special Courts were set up to ensure expeditious disposal of criminal cases involving people's representatives. That purpose, the order said, applied whether the alleged act took place before or after assumption of legislative office, so the accused's status as a sitting or former legislator decided the forum and not the date of the alleged offence.