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A. GUNESHWAR SHARMA
Yengkhom Surchandra Singh – Appellant
Versus
Yengkhom Surchandra Singh – Respondent
JUDGMENT :
A. Guneshwar Sharma, J.
1. The present petition has been filed by the petitioner/accused under Section 482 of the Code of Criminal Procedure (in short, CrPC) for quashing and setting aside the impugned order dated 04.07.2022 passed in Cril. Misc. Case No. 152 of 2022 [Ref: Cril. (C ) Case No. 10 of 2022] by the learned Special Court for MPs/MLAs No. 2, Manipur at Lamphel Court complex and also the entire Cril. (C) Case No. 10 of 2022 now pending before the same Court.
2. The petitioner/accused has also filed Misc. Case (Cril. Petn.) No. 23 of 2022 to suspend/stay the impugned order dated 04.07.2022 passed in Cril. Complaint Case No. 10 of 2022 with further proceeding of the said case pending final disposal of the instant case, ie, Cril. Petition No. 27 of 2022.
3. On 28.07.2022, this Court passed an interim order in Misc. Case (Cril. Petn.) No. 23 of 2022 staying the appearance of the applicant before the trial Court till the next date of hearing and the interim order has been extended from time to time.
4. The point for determination involved in the present case is whether the Special Court MPs/MLAs has jurisdiction to try offences committed by former/sitting legislature whe
Special Courts for MPs/MLAs can try cases against former and sitting legislators irrespective of their status at the time of the alleged offence.
THE SPECIAL COURT HAS JURISDICTION TO TRY OFFENCES COMMITTED BY BOTH SITTING AND FORMER MPS AND MLAS PROVIDED AS ON THE DATE OF COMMISSION OF OFFENCE, THE ACCUSED WAS EITHER A MP OR A MLA.
The main legal point established in the judgment is the importance of jurisdiction in trying cases and the constitutional mandate for a speedy trial.
Expeditious disposal of criminal cases against elected members of Parliament and Legislative Assemblies – These cases have a direct bearing on our political democracy – There is a compelling need to ....
The court affirmed that the designated Court for trials concerning MPs/MLAs holds jurisdiction regardless of the accused's current status, prioritizing established legal procedures over claims of inc....
Jurisdiction for criminal trials involving former MPs/MLAs remains under designated courts if they held office at the time of the offence, affirming the principle of convenience for the defence.
Jurisdiction of designated Courts for trials involving MPs/MLAs is determined by the status at the time of the offence, following directions from the Supreme Court.
Point of Law : jurisdictional issue has to be decided by the trial Court during trial, the accused has to take the said contention/defence during the trial in C.C and the trial Court is bound to cons....
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