Yengkhom Surchandra Singh vs Mayanglambam Rameshwor Singh
2023 Latest Caselaw 260 Mani

                                                                   23-24
              IN THE HIGH COURT OF MANIPUR
                        AT IMPHAL


MC (Cril Petn) 23 of 2022 with
Cril Petn No.27 of 2022


Yengkhom Surchandra Singh                    ... Petitioner

                                 -Versus-

Mayanglambam Rameshwor Singh                  ... Respondents

BEFORE HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA

07.10.2023 Heard Mr.N.Jotendro, learned senior counsel assisted by Mr.A.Manikanta Sharma, learned counsel on behalf of the petitioner. Also heard Mr.Ajoy Pebam, learned counsel for the respondents.

During the course of hearing, Mr.Ajoy Pebam, learned counsel for the respondents draws attention of this court to the Notification dated 13.10.2022 issued by the Government of Manipur, notifying Special Court for trial of cases against former and sitting Legislatures (MPs and MLAs) and as such, the petitioner, who is a former MLA, falls within the jurisdiction of the Special Court, established by the said Notification.

Mr.N.Jotendro, learned senior counsel for the petitioner refers to the judgment of the Andhra Pradesh High Court, reported in 2021 Legal Eagle (AP) 105, to the fact that on the date of offence, the case should be a sitting MP or MLA and only then the case against former MLA or MP can be conducted in the Special Court.

This Court has pointed out 3 (three) circumstances under which the offence should be committed by a Legislature:

1) Offence was committed by the individual when he was not a former or sitting Legislature:

2) Crime committed by a former Legislature;

3) Crime committed by a sitting Legislature;

Mr.Ajoy Pebam, learned counsel has submitted that the Manipur Notification will cover all the three circumstances whereas, Mr N.Jotendro, learned senior counsel differs that only third category, that crime committed by a sitting Legislature, falls under the jurisdiction of the Special Court, established by the above said Notification.

Hearing concluded. Order reserved.

Parties are permitted to submit their written submissions with case laws, if any, and exchange thereof, in these three formulated points within one week.

JUDGE

Priyojit

RAJKUMA Digitally signed by RAJKUMAR R PRIYOJIT PRIYOJIT SINGH Date: 2023.10.07 SINGH 13:26:32 +05'30'