MAMMAN KHAN versus STATE OF HARYANA
The segregation order was quashed because it was based solely on the appellant's status as a sitting MLA, not on any legally recognized ground (distinct transaction, severable evidence, or demonstrated prejudice), the prosecution's case relied on common interlinked evidence, the order was passed suo motu without notice violating procedural fairness under Article 21 and equality under Article 14, and the trial court exceeded its jurisdiction in directing the police to file a separate charge-sheet; therefore a joint trial must be conducted and the impugned orders set aside.
Source excerpt
- Joint trials
- Segregation of trial
- Separate charge sheet
- Right to fair trial
- Equality before law
- Priority trials for legislators