Cases involving non-compoundable offences cannot be referred to Lok Adalat: Karnataka High Court

The Karnataka High Court recently reiterated that courts cannot refer a case involving non-compoundable offence to Lok Adalats. (State of Karnataka vs Shekhar) .Single-judge Justice KS Mudagal said that proviso to Section 19(5) of the Legal Services Authority Act (Act) bars the jurisdiction of Lok Adalat over a case relating to a non compoundable offence.."Reading of Section 20(1)(ii) of the Act and the proviso to the said section makes it clear that Court can refer a case to Lok Adalat only if the same is appropriate. Again what is appropriate case depends on the fact whether Lok Adalat can take cognizance of such offences and has jurisdiction to decide the same. Proviso to Section 19(5) of the Act bars the jurisdiction of Lok Adalat over a case relating to a non compoundable offence. Therefore the logic of the law is that Court cannot refer a case involving non compoundable offence to the Lok Adalat," the Court ruled. .The respondent in this case was being prosecuted before the trial Court in a case on the basis of the charge sheet filed by Akkur Police for the offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965. The allegations against the accused was that he was found in illegal possession of liquor worth Rs.1,965 for sale..The trial Court then referred the case to Lok Adalat. The Lok Adalat, by an award dated April 7, 2014 determined the said case holding that the accused has admitted the guilt. Further, the Lok Adalat convicted the accused for the offences under Sections 32 and 34 of the Excise Act and sentenced him to pay fine of Rs. 500 and imprisonment till rising of the Court..Aggrieved by this order, the State government moved the High Court. The government pleader submitted that the order and award are violative of Sections 19 and 20 of the Legal Services Authorities Act, 1987. .Amicus Curiae submitted that even though Lok Adalat has no jurisdiction to determine non-compoundable offence, the alleged admission of guilt before Lok Adalat shall not prejudice the defence of the accused in trial..After perusing the contentions of the parties, the Court noted that the jurisdiction of the Lok Adalat has been enumerated in Sections 19 and 20 of the the Legal Services Authorities Act, 1987. After referring to Supreme Court decisions and the aforesaid provisions, the Court said, "Reading of the above provisions makes it clear that Lok Adalat has no jurisdiction in respect of the case relating to non compoundable offence.".In this case, the Court opined that the offences under Sections 32 and 34 of the Act were non-compoundable. Therefore, the Court concluded that the order of reference and determination of the same by the Lok Adalat were contrary to Sections 19 and 20 of the Act. "Neither the trial Court nor the Lok Adalat has recorded the admission of the plea of the guilt of the accused as required under the Criminal Procedure Code. Since Lok Adalat has no jurisdiction to take cognizance, the alleged plea of guilt before the Lok Adalat has no sanctity in the eye of law," the Court opined while allowing the petition and quashing the Lok Adalat order. [Read Judgement].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.