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DELHI HIGH COURT
BRIJESH SETHI
Central Bureau of Investigation – Appellant
Versus
A. Raja – Respondent


Judgement Key Points

The judgment primarily addresses the legal implications of the repeal and amendment of certain provisions of the Prevention of Corruption Act, 1988, particularly in relation to ongoing prosecutions and proceedings. The court emphasizes that in the absence of a specific saving clause, the repeal of a statutory provision generally results in the obliteration of that provision from the statute book, and proceedings initiated under the repealed law typically cannot continue unless the legislative intent indicates otherwise (!) (!) .

The court underscores the applicability of the General Clauses Act, which stipulates that unless a different legislative intention appears, repeal does not automatically affect rights, obligations, or liabilities accrued under the repealed law, nor does it necessarily terminate pending proceedings (!) (!) (!) (!) . The absence of a saving clause in the recent amendments suggests that the earlier provisions, including those under which proceedings were initiated, are considered to have been effectively abolished, rendering ongoing proceedings infructuous (!) (!) (!) .

However, the court also clarifies that the principles of the General Clauses Act are applicable unless the new legislation explicitly manifests an intention to destroy or override existing rights and liabilities. It notes that the amendments do not contain an explicit or implied indication of such an intention, nor do they provide a comprehensive saving clause, which supports the view that proceedings under the earlier law cannot be continued (!) (!) (!) .

Furthermore, the judgment highlights that amendments to statutes that are beneficial or relax certain legal requirements are generally given retrospective effect, but amendments that involve complete repeal or substitution without clear legislative intent to preserve prior proceedings are presumed to have intended the termination of those proceedings (!) (!) (!) (!) .

The court also discusses the importance of following higher judicial decisions and principles of judicial discipline, especially when similar issues are pending before higher courts or have been addressed in earlier judgments. It emphasizes that proceedings should not be unnecessarily delayed or continued where the legislative intent, as inferred from the amendments, indicates the cessation of the previous legal regime (!) (!) .

In conclusion, the judgment affirms that without a specific saving clause, the repeal or substitution of provisions in the legislation generally results in the termination of proceedings initiated under the previous law, unless there is clear evidence of legislative intent to the contrary. The court dismisses the applications challenging the maintainability of ongoing proceedings, asserting that the amendments do not have retrospective effect to revive or continue cases under the repealed provisions.


ORDER

Crl.M.A.1731/2020 (by respondent No. 2-Siddharth Behura) Crl.M.A.1820/2020 (by respondent No. 3-R.K.Chandolia) Crl.M.A.14230/2020 (by respondent No. 5-Vinod Goenka) Crl.M.A.13784/2020 (by respondent No. 15-Karim Morani)

1. The above captioned four applications have been filed by the applicants/respondents challenging the maintainability of the instant petition seeking leave to appeal on the ground that it has become infructuous in view of the recent amendment to the Prevention of Corruption Act, 1988 ('PC Act'). The ground raised in these applications are that several amendments have been made to the Prevention of Corruption Act, 1988 through Prevention of Corruption (Amendment) Act, 2018 and provision of Section 13 (1) (d) of PC Act, 1988 stands repealed and issue with regard to applicability of Prevention of Corruption (Amendment) Act, 2018 is pending before the Hon'ble Apex Court. Another ground taken is that a reference bearing no. Crl. Ref. 1/2019 is pending before Division Bench of this Court, which is yet to adjudicate the contentious issue of legitimacy of the repealed Section 13 (1) (d) of the Prevention of Corruption (PC) Act invoked in numerous criminal cases an

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