The government, who is supporting the Karmapa's plea, had moved Section 321 of the Criminal Code of Procedure (withdrawal from prosecution) and dropped charges against the leader in 2012.
The Supreme Court on Monday allowed an appeal filed by the 17th Karmapa - the Tibetan spiritual leader, seeking withdrawal of prosecution against him in a corruption case.
"The top court has allowed our appeal wherein we will try to justify why the government should be allowed to withdraw prosecution against the Karmapa in public interest," said senior advocate Siddharth Luthra.
The top court was hearing the matter in a case related to the alleged seizure of foreign currency from the Karmapa. The Karmapa was appealing against a High Court order which had set aside the trial court's decision and directed the state government to proceed the case against him.
Luthra, representing the spiritual leader - who most believe is the successor to His Holiness the Dalai Lama, said the court will now hear arguments on this matter in February 2018.
"The matter was discussed at length among the various government departments and it was decided that in light of the Karmapa's importance and in order not to upset relations between India and the Tibetan Government-in-Exile, the state would withdraw prosecution against the leader," Senior advocate JS Attri - representing Himachal Pradesh, said.
The government, who is supporting the Karmapa's plea, had moved Section 321 of the Criminal Code of Procedure (withdrawal from prosecution) and dropped charges against the leader in 2012.
However, In 2015, the HC had said: "The said ground is legally unworthwhile as well as legally insignificant and it being accorded inappropriate/ unwarranted potency by the judicial magistrate, Una, in allowing the application of the state government under Section 321 of the CrPC, has caused immense jolt to the administration of criminal justice."
In 2011, 32-year-old Ogyen Trinley Dorje, the 17th Gyalwang Karmapa and head of the 900-year-old Karma Kagyu school of Tibetan Buddhism was accused of illegally purchasing 52 kanals of land by the Karma Garchen Trust, Sidhwari (Dharamshala), of which he is chairman.
According to the charges filed, the Trust allegedly struck a deal with Dharamshala businessman KP Bhardwaj, who is also an accused in the case. Under Section 118 of the HP Tenancy and Land Reforms Act, non-agriculturists and non-Himachalis cannot buy land in Himachal Pradesh without the government's permission.
The case came to light when the district police in Una intercepted Bhardwaj's Scorpio during a routine check at the Punjab border and recovered Rs 1 crore in gunny bags stuffed under the seats. Investigations later revealed that the cash - allegedly belonging to the Karmapa's trust was being ferried from the Majnu Ka Tila office in Delhi to pay Bhardwaj toward a Rs 5 crore deal. Subsequent investigations revealed money in foreign currency from the Gyuto Monastery at Sidhwari, the Karmapa's seat.
Cash seized
The top court was hearing the matter in a case related to the alleged seizure of foreign currency from the Karmapa
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