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Mamman Khan vs. State of Haryana

Not available · 2025 INSC 1113Decided 12 Sept 2025
Not available
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

The appellant, a sitting MLA from Haryana, was named as an accused in two FIRs relating to large-scale communal violence in Nuh district in July 2023, along with several co-accused. While the joint trial was underway, the trial court, citing delays caused by the non-appearance of some co-accused, directed the police to file a separate charge sheet against the appellant alone and ordered his trial to be segregated from the others. The High Court upheld this segregation. The appellant challenged only the segregation order (not the FIRs themselves) before the Supreme Court, arguing the split was arbitrary and based solely on his status as an MLA.

Decision Breakdown

The Supreme Court held that the segregation order could not be sustained because the only reason recorded by the trial court was delay caused by absconding or defaulting co-accused: the correct remedy for that would have been to segregate those defaulting co-accused, not the appellant, who was regularly appearing in court. The Court found the segregation was passed unilaterally without proper notice or a meaningful hearing to the appellant, violating principles of natural justice and the fair-trial guarantee under Article 21. It also held that a sitting MLA's public status cannot by itself justify preferential or different treatment in criminal procedure, as this would violate the equality principle under Article 14, all accused, regardless of position, stand equal before the law. Since the evidence against the appellant was identical to that against the co-accused, splitting the trial risked duplication, delay, and inconsistent findings. The Court set aside the segregation orders and remitted the matter for a joint trial of the appellant with the co-accused.

Lesson Learnt

A trial cannot be split off from co-accused merely for administrative convenience or because one accused holds a prominent public position: segregation requires a proper legal basis and a fair hearing to the affected party, since the Constitution guarantees equal treatment before the law regardless of status.

Official source (sci.gov.in)View Judgment (PDF)

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