NEW DELHI: The Supreme Court recently said that a matrimonial dispute cannot be heard by MP/MLA courts specially designated to expedite criminal cases against legislators merely because one of the parties in the matter is an elected representative.
"We are of the opinion that the Special Courts for MP/MLA were sought to be designated to try criminal cases against MPs/MLAs in offences under the Indian Penal Code (IPC) and the special legislations. Large pendency and delay occasioned prompted this Court to pass orders directing designation of special Courts to ensure public accountability, promote vigilance and prevention of corruption."
"We are not convinced that a matrimonial dispute can be agitated before such a special Court merely for reason of one of the parties being a legislator," said a two-judge bench of the apex court headed by Justice J B Pardiwala and also comprising Justice K Vinod Chandran.
The apex court made the observation while hearing a plea filed by MLA Raghuraj Pratap Singh, popularly known as Raja Bhaiya, against a Delhi High Court order upholding the issuance of summons by a Rouse Avenue MP/MLA court in a case filed by his wife under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act).
The High Court had held that the MP/MLA Court continues to function as a Magistrate's Court exercising jurisdiction under the Code of Criminal Procedure (CrPC) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), and therefore proceedings under Section 12 of the PWDV Act could validly continue before it.
Following the High Court's order, Singh approached the apex court challenging the decision.
Singh, who is the MLA from the Kunda constituency, argued before the Supreme Court that the MP/MLA court lacked jurisdiction to hear cases filed under the PWDV Act.
The Supreme Court bench clarified that its observations were only prima facie and that the question of law had been kept open.
The court also noted that the petitioner (Singh) and the respondent were locked in an acrimonious matrimonial dispute, with one of the resulting litigations under the PWDV Act forming the subject matter of the Special Leave Petition (SLP).
With the consent of both parties, the Supreme Court directed that the case, currently pending before the Chief Metropolitan Magistrate at Rouse Avenue Courts, be transferred to the Metropolitan Magistrate (MM)-02 (Mahila Court), South District, Saket Courts, New Delhi.
"We request the MM-02 Court to explore the possibility of disposal of the case within at least one year and the parties are directed to cooperate. The SLP stands disposed of," the top court said in its order.