Double Jeopardy

Source: Karnataka High Court

Why in News?

Recently, the bench of Justice Krishna S Dixit and Justice G Basavaraj was hearing a case against the order of State Administrative Tribunal.

• The Karnataka High Court was hearing this issue in the case of P V Rudrappa v. State of Karnataka.

What was the Background of P V Rudrappa v. State of Karnataka Case?

• The petitioner, an employee terminated for bribery, sought redressal from HC against the Karnataka State Administrative Tribunal's decision of 10th February 2020, dismissing his application.
• Initially challenging the dismissal order dated 14^th May 2019 in Application of 2017, the petitioner's counsel argued that the petitioner's acquittal in a criminal trial was not considered, a critical error warranting the Court's intervention.
• The State argued against the petition, asserting the distinction between criminal trials and disciplinary proceedings, emphasizing the validity of the disciplinary action taken.
  • They contended that the Court's review is limited, and the petition should be dismissed accordingly.

What was the Court’s Observation?

• The HC held that “In a way, this can be likened to doctrine of double jeopardy, constitutionally enacted in Article 20(2) under Constitution of India.”
  • The court said this because when the accused was already acquitted, he was terminated from services afterwards.

What is Double Jeopardy?

• About:
  • Double jeopardy is a legal principle that prevents an individual from being tried or punished twice for the same offence.
  • In both the Constitution of India and the Code of Criminal Procedure, 1973 (CrPC), the concept of double jeopardy is recognized and protected.
• Constitution of India:
  • Article 20(2) of the Indian Constitution states: "No person shall be prosecuted and punished for the same offence more than once”.
  • This provision ensures that an individual cannot be tried or punished twice for the same offence, safeguarding against arbitrary and excessive punishment.
• Criminal Procedure Code (CrPC):
  • The CrPC, which governs criminal proceedings in India, also incorporates the principle of double jeopardy.
  • Section 300 of the CrPC states that a person who has been tried and convicted or acquitted of an offense cannot be tried again for the same offence.