Clarification came while the court was addressing a plea filed by Bharatiya Janata Party (BJP) leader Manjinder Singh Sirsa.
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The Delhi High Court, in a significant ruling, has clarified the scope of jurisdiction of special courts constituted for dealing with cases against legislators, both sitting and former. This clarification came while the court was addressing a plea filed by Bharatiya Janata Party (BJP) leader Manjinder Singh Sirsa, who sought the quashing of a magistrate’s order that rejected his application for transfer or return of a complaint against him due to a lack of jurisdiction.
Justice Swarana Kanta Sharma referred to the Supreme Court’s order dated August 31, 2020, which emphasized that the pendency of a case before the apex court should not hinder the expeditious disposal of cases relating to elected representatives, whether they are currently serving or are former legislators. The High Court concluded that when the Supreme Court’s orders are read together, it becomes evident that the special courts were established specifically to try offenses alleged against both sitting or former MPs/MLAs.
Justice Sharma observed, “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.”
The High Court’s decision came in response to Sirsa’s argument that since he ceased to be an MLA on February 11, 2020, following the dissolution of the Delhi Legislative Assembly, and the allegations against him related to the period post-February 16, 2020, the special court should not have jurisdiction over his case. Sirsa’s counsel contended that once a person is no longer a sitting MP/MLA, and the alleged offenses relate to the period after they have left office, the special court cannot extend its jurisdiction to try cases against such individuals.
This ruling by the Delhi High Court underscores the intent of the Supreme Court’s orders – to ensure that cases pending against legislators are tried expeditiously, irrespective of their current status as sitting or former MPs/MLAs. The decision is a significant step in clarifying the jurisdiction of special courts and reinforces the judicial system’s commitment to the swift and effective adjudication of cases involving elected representatives.
