Supreme Court: No Separate Trial for Haryana MLA in Nuh Violence Case
The Supreme Court has ruled that a criminal trial cannot be separated just because the accused happens to be a sitting MLA. The judgment came in the case of Haryana legislator Mamman Khan, who was booked in connection with the 2023 communal violence in Nuh.
A bench of Justices J.B. Pardiwala and R. Mahadevan quashed the orders of the trial court and the Punjab & Haryana High Court, which had earlier directed that Khan face a separate trial. The Court made it clear: “All accused stand equal before the law. An MLA cannot be singled out merely because of his political office.”
Background
Khan, MLA from Ferozepur Jhirka, was named in two FIRs filed after the Nuh violence. The trial court, citing the need for faster disposal of cases against legislators, had ordered the police to file a separate charge sheet and proceed against him alone. The High Court later upheld this decision.
Arguments
Khan’s counsel argued that the move was arbitrary and violated Section 223 of the CrPC, which requires a joint trial if offences arise from the same transaction. They also said the trial court had exceeded its powers by asking the police to file a separate charge sheet.
The State of Haryana defended the segregation, saying a joint trial with dozens of accused would only cause delays, and that fast-tracking the MLA’s case served the right to speedy trial.
Supreme Court’s View
The top court disagreed. It said the trial court had acted on its own, without hearing Khan, which went against procedural fairness under Article 21. It also clarified that the earlier Supreme Court ruling in Ashwini Kumar Upadhyay v. Union of India only asked for faster hearings of legislators’ cases, but did not permit bypassing due process.
Importantly, the Court stressed that status as an MLA cannot justify a separate trial. Doing so, it held, amounts to arbitrary classification and violates Article 14 (right to equality).
Verdict
The Supreme Court set aside both the trial court and High Court orders. It directed that Khan be tried jointly with his co-accused, while allowing the trial court to fix a schedule for speedy disposal, but only after hearing all parties.
