Karnataka High Court Asks State Govt To Place On Record Procedure To Appoint Prosecutors In MP/MLA Courts

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said:

"Before dealing on the issue of implementation of witness protection scheme and expeditious disposal of cases before special court, we direct the State government to place on record details about the prosecutors appointed by the state government in cases pending before Special court. Since the cases are sensitive in nature the state will say the procedure followed by the state government for making choice of the prosecutors."

The court also directed the Registrar General to forward a copy of the order to the Amicus Curiae appointed by the Supreme Court, Senior Advocate Vijay Hansaria, in the petition pending before it, to bring to his notice the following issues that have arisen: 

*Single judge bench of the High Court has taken a view that criminal cases initiated on the basis of complaints made by MP's/MLA's will have to be transferred before the special court.

* Amicus curiae (Senior Advocate Aditya Sondhi before HC) by filing memo dated Nov 18, has drawn attention to judgment dated November 2, passed by single judge bench in petition no 3637/2019, by which single judge has taken view that special court constituted under the government order has jurisdiction to try only cases against MP's/MLA from state of Karnataka and not to try criminal cases registered against MP/s MLA, elected from other states.

*The amicus curiae also pointed to the contention raised before the special court that criminal cases against MP's or MLa's is triable by JMFC, cannot be tried by special court, this issue is pending before a single judge of the high court.

*Some of the cases which are triable by Court of Session have transferred to the special court without cases being committed by jurisdictional magistrate.

The court gave the direction while hearing a suo-motu petition, in view of the directions issued by the Supreme Court asking the Chief Justices of the High Courts to formulate an action plan to rationalize the disposal of criminal cases pending against legislators.

The matter will be further heard on December 1.