The Delhi High Court highlighted that Special MP/MLA Courts have the authority to adjudicate on pending offenses involving current or former legislators.

Further, the Court clarified that individuals who were no longer serving as MPs or MLAs at the time of the alleged offense can still be tried without any legal obstruction.

Justice Swarana Kanta Sharma declined a petition brought by BJP leader Manjinder Singh Sirsa that contested an ACMM (Additional Chief Metropolitan Magistrate) ruling refusing his request to either transfer or dismiss a complaint filed against him due to a perceived lack of jurisdiction.

The matter in question revolved around whether, following the Supreme Court's ruling in the Ashwini Kumar Upadhyay case, the specifically designated Special MP/MLA Court holds the authority to hear a case against Sirsa. This consideration arose due to Sirsa supposedly no longer holding the position of MLA at the time the alleged offense was committed.

While rejecting a plea, the Court noted that despite Sirsa being a former MLA and not holding the position at the time of the alleged offense, this circumstance does not prevent his case from being heard by the Special MP/MLA court.

Justice Sharma pointed out that Sirsa's legal representative did not effectively demonstrate how a swift trial of his case would result in any disadvantage or prejudice to Sirsa's situation.

The court affirmed the challenged order and agreed with the ACMM's ruling, which emphasized that whether an offense is committed by a current legislator or a former one, the Special MP/MLA Court holds the jurisdiction to try such cases.

Additionally, the court highlighted its limitations in surpassing the directives laid out by the Supreme Court. It noted that the instructions outlined in the Ashwini Kumar Upadhyay case specifically mention "former MPs/MLAs" without making any distinct differentiations among them.

Mr. R.K. Handoo, Mr. Yoginder Handoo, Mr. Aditya Chaudhary, Mr. Solanki, and Ms. Medha Gaur, Advocates, represented the petitioner.

While Mr. Manoj Pant, the APP for the State, Mr. Mohit Mathur, Sr. Advocate, alongside Mr. Naginder Benipal, Mr. Sumit Mishra, Ms. Bharti Nayar Benipal, Mr. Naveen Chaudhary, Mr. Marithi Kambiri, and Mr. Ankit Siwach, Advocates, appeared as counsels for the Respondents.

Case Title: MANJINDER SINGH SIRSA v. STATE OF NCT OF DELHI AND ANR.