Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that petitioner being a lawmaker (MLA), has broken the law and in order to maintain the faith of common man as well as to uphold the Rule of Law, there would be no harm, if the elected representative is brought to justice, expeditiously."Khan had filed the plea in the High Court for quashing of the order passed in August by Additional Sessions Judge, Nuh, thereby directing the prosecution to file separate charge-sheet against Khan and to segregate the trial from other in the Nuh violence case. Khan had also challenged the order dated November 25, 2024, whereby charges were framed against him.It was alleged that Khan in order to take revenge of killing two persons, namely, Nasir and Juned, (residents of Ghatmika, Bhartpur, Rajasthan) at the hands of cow vigilantees, along with other co-accused hatched a criminal conspiracy, through social media as well as in person, for committing offences of rioting, dacoity, mischief by fire and criminal intimidation.An FIR was lodged under Sections 107, 120-B, 180, 153A, 201, 379A, 395, 427, 436, 506, 148 read with Section 149 of IPC.The Trial Court had noted that case is not progressing on account of absence of one accused or the other. It further added in the order that, “On the other hand, as per direction issued by the Supreme Court, the cases of MPs/MLAs are to be decided on priority basis by taking up the case on day to day basis.”The Trial Court opined that the case has been identified for current action plan and therefore, in the interest of justice and fitness of things, case of accused Mamman Khan is to be tried separately.After examining the submissions, the Court pointed that, “after segregation of trial on 28.08.2024, charges were framed against the petitioner on 25.11.2024; two prosecution witnesses have been examined on 11.12.2024 and as such, trial is going on smoothly.”Justice Sindhu highlighted that, it is not the case of petitioner that charges framed by the trial Court are prima facie not made out against him.“Thus, in such a factual situation, mere segregation of trial shall not cause any prejudice to the petitioner; nor it can be contended that learned trial Court is lacking jurisdiction to follow such a course; rather in view of the provisions of Section 223 of the Code, learned trial Court is fully empowered to segregate the trial,” added the judge.The Court noted that, the trial is not being conducted on day-to-day basis rather it is going on at a proper pace and thus, it cannot be said that proceedings are being conducted in undue haste or causing any prejudice to Khan.In the light of the above, the Court observed that the trial Court was fully justified while segregating the trial of petitioner and to proceed in the matter, expeditiously.Mr. R.S. Cheema, Senior Advocate assisted by Mr. A.S. Cheema, Advocate, Mr. Siddharth Bhukkal, Advocate & Mr. Satish Sharma, Advocate for the petitioner.Mr. Kiran Pal Singh, AAG, Haryana.Mamman Khan v. State of Haryana & Ors.Citation: 2024 LiveLaw (PH) 414Click here to read/download the order

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Aiman J. Chishti

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