Bengluru : The Karnataka High Court has said that only special courts constituted to try MPs and MLAs are competent to take cognisance of and try such cases, irrespective of whether they commit the offence before or after becoming legislators.
Justice M Nagaprasanna said in an order on November 4, “Special Courts constituted pursuant to the direction of the Apex Court for trial of cases against sitting and former MPs and MLAs are the Courts competent to take cognizance of and try such cases, irrespective of whether the offence is committed before or after the accused becomes a legislator, the object being expeditious disposal of such cases.”
The Supreme Court gave the direction in 2017.
The high court thus allowed a petition filed by former member of the legislative council (MLC) B M Farook and set aside the May 29, 2024, order of a Tumakuru trial court that issued a summons to him in a case of criminal breach of trust, cheating, forgery, and conspiracy.
After investigating the case, the police filed a closure report in 2021. However, the complainant filed a protest petition, following which a magistrate took cognisance of the alleged offences on May 4, 2023.
Farooq was elected as a JD(S) MLC in 2018.
His counsel argued that the Tumakuru court therefore could not have taken cognisance of the case against him.
The prosecution also admitted that the special court, not the regular court, should have taken cognisance.
The high court also granted liberty to the special court “to pass necessary orders and regulate its procedure”.
