Mamman Khan Vs State of Haryana (Supreme Court of India)
Conclusion: A joint trial was permissible where multiple accused were involved in offences arising out of the same transaction and a separate trial would be warranted only if the acts attributed to each accused were distinct and severable.
Held: The appeals challenged the Punjab & Haryana High Court’s common judgment dismissing the appellant-MLA’s petitions under Section 528 BNSS (corresponding to Section 482 CrPC). The petitions sought to quash the trial court’s orders dated 28.08.2024 and 02.09.2024, which directed filing of a separate charge-sheet and segregation of the appellant’s trial from co-accused in FIR Nos.149 and 150/2023 (communal violence at Nuh). Appellant argued that the segregation was ordered solely because of his status as an MLA, contrary to Sections 218–223 CrPC that mandate joint trial where offences arise from the same transaction. Reliance on Ashwini Kumar Upadhyay v. Union of India was said to be misplaced, as the directions therein relate only to prioritization of trials involving legislators, not deviation from statutory procedure. Segregation, it was urged, caused prejudice, violated Articles 14, 20(2) and 21, and exceeded the trial court’s jurisdiction. Respondent contended that segregation was necessary due to the large number of accused, repeated absence of co-accused, and the mandate of speedy disposal of cases involving MPs/MLAs. It was argued that separate trial caused no prejudice and facilitated early conclusion. The principal issue for determination was whether the segregation of the appellant’s trial and filing of a separate charge-sheet solely on account of his being an MLA was legally sustainable, given the statutory framework under CrPC and constitutional guarantees of fairness and equality. The Supreme Court set aside the trial Court and High Court orders directing segregation of the appellant’s trial and filing of a separate charge-sheet solely on account of his status as a sitting MLA. The matter was remitted to the trial Court for a joint trial of the appellant with the co-accused, ensuring procedural safeguards and expeditious disposal in accordance with law.
