Special MP/MLA courts can deal with offences against formers MPs and MLAs: Delhi High Court

The Delhi High Court held on Monday that the special courts constituted on the directions of the Supreme Court to deal with criminal cases against Members of Parliament and Members of Legislative Assembly (MPs and MLAs) can try offences against former MPs and MLAs as well [Manjinder Singh Sirsa v State of NCT of Delhi and Anr]..Justice Swarana Kanta Sharma referred to the Supreme Court’s order dated August 31, 2020 wherein the Court had clarified that the pendency of the case before the apex court “would not come in the expeditious disposal of the case relating to the elected representatives i.e. either sitting or former”.The High Court concluded that when the Supreme Court’s orders are read together, it becomes clear that the special courts were constituted for dealing with cases against the legislators, whether sitting or former.“Therefore, the necessary inference that can essentially be drawn up from the above-mentioned reading of the four orders, would lead to a conclusion that the Special Courts were constituted to try offences alleged against sitting or former MPs/MLAs, and the Hon’ble Apex Court nowhere has observed that the Special Courts shall try only those offences where accused was a sitting MP/MLA, at the time of commission of offence,” Justice Sharma observed.The High Court said that the intent of the Supreme Court's orders was clear - that the pending case against legislators be tried expeditiously..The High Court returned these findings while dealing with a plea filed by Bharatiya Janata Party (BJP) leader Manjinder Singh Sirsa seeking quashing of a magistrate’s order rejecting his application for transfer or return of a complaint against him on account of lack of jurisdiction.Sirsa said that he was elected as an MLA from Delhi in April 2017 but he ceased to be an MLA on February 11, 2020 after a notification was issued dissolving the Legislative Assembly of the Delhi and the allegations against him related to the period post February 16, 2020.It was argued that once a person ceased to be a sitting MP/MLA, and the alleged offences relate to post-period when the person is no longer an MP/MLA, the special court cannot expand jurisdiction to try cases against such persons.Sirsa’s counsel contended that a person who has occupied the position of MP/MLA once in their lifetime ceases to be one, any allegation made thereafter against him/her will not lead to the case being tried by the special court..The Court considered the case and rejected Sirsa’s arguments.It said that Sirsa is a former MLA and his arguments that he had ceased to be an MLA at the time of commission of alleged offence cannot be a bar to his case being tried by the special court.“This Court is also of the opinion that the learned counsel for petitioner has failed to convince this Court, as to how his case, being tried expeditiously, can cause any prejudice to the petitioner.”The Bench, therefore, upheld the magistrate’s order..Advocates RK Handoo, Yoginder Handoo, Aditya Chaudhary and Medha Gaur appeared for Manjinder Singh Sirsa.Additional Public Prosecutor (APP) represented the State.Senior Advocate Mohit Mathur along with advocates Naginder Benipal, Sumit Mishra, Bharti Nayar Benipal, Naveen Chaudhary, Marithi Kambiri and Ankit Siwach appeared for complainant Manjit Singh GK..[Read Judgment]