G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
ESSAR TELEHOLDINGS LTD. – Appellant
Versus
REGISTRAR GENERAL, DELHI HIGH COURT – Respondent
The legal document discusses the authority and jurisdiction of Special Judges and courts in the context of criminal cases, particularly those involving complex transactions and offences under special statutes such as the Prevention of Corruption Act and the Prevention of Money Laundering Act. It clarifies that Special Judges, appointed under relevant statutory provisions, are courts of original criminal jurisdiction with powers to try offences under their designated statutes, including offences under the Indian Penal Code when they are connected to the offences specified in the special statutes (!) (!) .
The document emphasizes that the appointment of Special Judges and the establishment of Special Courts are within the constitutional and statutory framework, with the High Court's control being comprehensive and effective to ensure judicial independence (!) . It affirms that such appointments are valid and do not violate constitutional provisions, provided the process adheres to the statutory requirements and the petitioners do not demonstrate any threat of miscarriage of justice or unfair trial (!) (!) .
Furthermore, it underlines that offences under the Indian Penal Code, when connected with offences under special statutes, can be tried together in a single trial under the powers conferred by the relevant laws, such as Sections 220 and 223 of the Criminal Procedure Code (!) (!) (!) . The document also states that the proceedings initiated under the notifications and orders are within the legal jurisdiction of the designated Special Judge and that the trial process should proceed on a day-to-day basis to ensure expeditious justice (!) (!) .
Importantly, the Court recognizes that the powers of the Special Judge include taking cognizance of offences upon receiving a complaint or chargesheet, and that the hierarchical and procedural structure allows such courts to function effectively as courts of original jurisdiction, with the High Court's supervisory role being constitutional and statutory (!) (!) .
In sum, the legal framework supports the validity of the appointment and functioning of Special Judges and Courts, their jurisdiction to try connected offences, and the procedural arrangements that facilitate fair and efficient trials, while safeguarding the independence of the judiciary and the rights of the accused.
JUDGMENT
SUDHANSU JYOTI MUKHOPADHAYA, J.
Feeling aggrieved by the order dated 21st December, 2011 passed by the Special Judge, Central Bureau of Investigation, New Delhi taking cognizance against the petitioners, they have preferred these writ petitions challenging the said order dated 21st December, 2011, Administrative Order dated 15th March, 2011 passed by the Delhi High Court and Notification dated 28th March, 2011 passed by the Government of National Capital Territory of Delhi (for short ‘NCT of Delhi’) designating Mr. Om Prakash Saini as Special Judge to undertake the trial of cases in relation to all matters pertaining to 2G Spectrum case (commonly known as 2G Scam case) exclusively. One of the writ petitions has been filed by an individual and two other writ petitions have been preferred by two Companies who are all accused in 2G Scam case.
2. The factual matrix of the case is given in brief as under:
Acting on various complaints pursuant to grant of UAS licences in 2008, the Central Vigilance Commission after conducting a preliminary inquiry entrusted investigation of the case to the CBI. After preliminary investigation, on 21.10.2009, the CBI lodged FIR RC No. DAI-2009-A-004
A.R. Antulay v. Ramdas Sriniwas Nayak.
Gangula Ashok v. State of A.P.
Vivek Gupta v. Central Bureau of Investigation
High Court of Judicature for Rajasthan v. Ramesh Chand Paliwal (1998) 3 SCC 72 (Para 26)
Registrar (Admn.) High Court of Orissa v. Sisir Kanta Satapathy (1999) 7 SCC 725]. (Para 26)
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