The Karnataka High Court Wednesday declined to transfer two cases against former Janata Dal (Secular) MP Prajwal Revanna, involving rape and sexual harassment charges, from the current trial court to another court.
Revanna was already convicted of rape and sentenced to life imprisonment in another case by the special court for cases pertaining to MPs/MLAs. In his petition before the high court, the former Hassan MP alleged bias by the presiding officer.
He had earlier equested the transfer of cases, but the trial court in Bengaluru rejected the plea, noting that the special court is specifically designated to try offences against elected representatives.
While dismissing Revanna’s plea, the high court bench of Justice M I Arun observed Wednesday that the special court is the appropriate forum for cases involving elected officials and that the trial court had rightly denied Revanna’s transfer application.
“The observations in the judgment may sound harsh, but this cannot be construed as bias on the part of the presiding officer,” noted Justice Arun.
Revanna sought the transfer of the two cases from the special court under Section 408 of the Criminal Procedure Code (CrPC), which grants a judge the power to transfer criminal case from one court to another.
He raised concerns about judicial bias, citing certain observations made by the judge hearing his cases, and noted that the same judge had initially convicted him in the case. He also stated that the lower court had not applied its mind while deciding his previous petition for the transfer of the cases.
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However, Justice Arun did not agree with his contentions. The high court stated that the trial court had disapproved of the adjournments sought by Revanna’s side and the apparent “delay tactics”. Justice Arun also noted that if this were considered a reason for transfer, similar petitions for transfer could arise in all criminal cases.
The prosecution had previously raised the allegation of delays in the proceedings caused by Revanna while opposing his bail plea in the high court in July. The special public prosecutor then stated that Revanna was the one who sought adjournments at every stage.
The grandson of former Prime Minister H D Deve Gowda, Revanna has been in prison since May 31 last year after his arrest. On August 2 this year, a special court in Karnataka sentenced him to life imprisonment for the rape of a woman following the conviction the previous day. He is still on trial for three other cases involving rape and sexual harassment charges.