Plaints by elected representatives need to be transferred to special court: HC

The High Court has observed that the trial courts across the state need to transfer the cases involving elected representatives, whether filed against the MPs/MLAs or filed by them, to the special court exclusively to deal with criminal cases related to MLAs and MPs.

The court made this observation while dismissing a petition filed by former minister S A Ramdas challenging a trial court order transferring a case, in which Ramdas is the complainant, to the special court.

The petitioner argued that the specific direction issued by the Supreme Court was to constitute a special court only to try the cases pending or registered against the MPs/MLAs, and not in respect of the cases or complaints
filed by them.

However, a special public prosecutor argued that the expression ‘involving’ is a comprehensive word which takes with its fold not only the cases registered against the elected representatives but also cases in which they are
involved.

Justice John Michael Cunha observed that the Supreme Court constituted the special court keeping in mind the capability and potential of the elected representatives to influence or hamper the effective prosecution.

“If that be so, the possibility of the elected MPs/MLAs influencing the investigation and prosecution even in the cases initiated by them either by lodging a report before the police or by approaching the Magistrate by way of complaint, cannot be ruled out,” the court said.

The court also observed that anomalous situations and practical difficulties arise in conducting the trial when there is an instance of a case and a counter-case on the same set of facts and allegations. The court held that the government order dated February 2, 2018, constituting the special court, is in consonance with the orders passed by the Supreme Court.

Based on the complaint filed by Ramdas, MLA from Krishnaraja Assembly constituency in Mysuru, the Kuvempunagar police in Mysuru had filed the charge-sheet. The court had transferred the case to the special court in Bengaluru on June 17, 2019.