The Karnataka High Court has ruled that a special court designated to hear criminal cases against lawmakers can try offences allegedly committed before an accused became a legislator or Member of Parliament. The decision clarifies that the timing of the alleged offence does not by itself prevent the lawmakers’ special court from exercising jurisdiction.
Justice M. Nagaprasanna’s single-judge Bench passed the order while allowing a criminal petition filed by former Karnataka Legislative Council member B.M. Farooq. Farooq had challenged proceedings initiated by the Principal Civil Judge and Judicial Magistrate First Class court at Chikkanayakanahalli in Tumakuru district.
The High Court cancelled the proceedings before the Chikkanayakanahalli court and directed that the case be placed before the special court designated for cases involving MPs and MLAs. The order, as reported by Prajavani, concerns the jurisdiction of the special court and does not establish the allegations against Farooq as proven.
The case arose from a dispute linked to a mining agreement. V. Selvaraj, owner of Sun Minerals, filed a complaint at the Chikkanayakanahalli police station on April 10, 2021. The complaint alleged offences under Sections 409, 420, 461, 468, 471 and 120(B) of the Indian Penal Code, 1860.
Police investigated the complaint and submitted a ‘B’ final report to the trial court. In Indian criminal procedure, such a report indicates that the investigating agency has not recommended proceeding with prosecution. A protest petition was subsequently filed against the report. The trial court took cognisance of the alleged offences and began judicial proceedings against the accused, prompting Farooq to approach the High Court.
Farooq’s petition sought the cancellation of the order through which the Chikkanayakanahalli court had taken cognisance and proceeded with the case. The High Court instead held that the matter should be handled by the special court responsible for criminal cases against lawmakers, even though the alleged conduct predated Farooq’s position as a public representative.
Senior designated advocate M. Arun Shyam appeared for Farooq. The High Court’s order places the case within the special-court framework, but the supplied report does not specify the next hearing date, the detailed reasoning in the written judgment or any final finding on the underlying mining-agreement dispute.
The ruling is significant for the administration of cases involving elected representatives because it addresses whether special jurisdiction depends on a person already holding public office when the alleged offence occurred. The case will now proceed before the designated special court for cases involving MPs and MLAs, subject to the further orders of that court.
