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IN THE HIGH COURT OF DELHI
Vipin Sanghi, Navin Chawla, JJ.
Sushil Arora - Appellant
Versus
Governement of NCT of Delhi - Respondent
W.P.(Crl.) 738 of 2022 & Crl. M.A. 6253 of 2022 and 6254 of 2022
Decided On : 05-04-2022
| Table of Content |
|---|
| 1. petitioner's challenge to notification authority. (Para 1) |
| 2. notification's effect on appointment powers. (Para 2 , 3) |
| 3. clarification on power of appointment under section 3. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. definitions of 'appointment' and definitions in dictionaries. (Para 11 , 12 , 13) |
| 5. constitutional control of high court over judiciary. (Para 14 , 15 , 16) |
| 6. preservation of judicial independence. (Para 17 , 18) |
| 7. appointment by designation under section 3. (Para 19) |
| 8. dismissal of the petition. (Para 20) |
JUDGMENT
Vipin Sanghi, ACJ. (Oral)
1. The petitioner has preferred the present writ petition to assail the Notification No. F.6(33)/2009-Judl./1125-1131 dated 15.09.2010 issued by the Lieutenant Governor of NCT of Delhi to the extent that it confers powers of Presiding Officer of the Designated Court and Special Court constituted, inter alia, under the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act') to each and every Officer of the Delhi Higher Judicial Service, to be exercisable by each of them with effect from the date of assumption of charge of the post of Presiding Officer or Judge of the Designated Court or Special Court, as the case may be, in pursuance of the transfer or posting orders made by the Chief Justice of the Delhi High Court. The Notification under challenged may be reproduced before proceeding further in the matter:
"(TO BE PUBLISHED IN DELHI GAZETTEE PART -IV EXTRA ORDINARY)
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF LAW, JUSTICE AND LEGISLATIVE AFFAIRS 8th LEVEL, C-WING, DELHI SECRETARIAT, I.P. ESTATE, NEW DELHI-110002
NO. F. 6(33)/2009-JUDL./1125-1131 Dated to the 15th September, 2010
NOTIFICATION
NO.F.6(33)/2009-Judl./In exercise of powers conferred by sub-section (4) of section 9 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (Act 28 of 1987), sub-section (4) of section 23 of the Prevention of Terrorism Act, 2002 (Act 15 of 2002), section 3 of the Maharashtra Control of Organized Crimes Act, 1999 as extended to the National Capital Territory of Delhi, section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33 of 1989), section 5-B of the Suppression of Unlawful Act against safety of Civil Aviation Act, 1982 (Act 66 of 1982), section 6-A of the Anti-Hijacking Act, 1982 (Act 65 of 1982), sub-section (2) of section 36 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985), sub-section (2) of section 153 of the Electricity Act, 2003 (Act 36 of 2003), sub-section (1) of section 3 of Prevention of Corruption Act, 1988, section 7 & 7A of Industrial Disputes Act, 1947 and section 3(d) of the Land Acquisition Act, 1984 and in consultation with the Chief Justice of the High Court of Delhi, the Lt. Governor of the National Capital Territory of Delhi, hereby confers the powers of Presiding Officer of the Designated Court and Special Court constituted under the aforesaid acts on each of the officers of the Delhi Higher Judicial Service, to be exercisable by each of them with effect from the date of assumption of the charge of the post of Presiding Officer or Judge of the Designated Court or Special Court, as the case may be, in pursuance of the transfer or posting orders made by the Chief Justice of the Delhi High Court.
By order and in the Name of the Lt. Governor of National Capital Territory of Delhi
(Savita Rao) Special Secretary (Law, Justice & L.A.) "
(emphasis supplied)
2. The submission of the learned counsel for the petitioner is that Section 3 of the Act empowers the Central Government or the State Government, by Notification in the Official Gazette, to "appoint as many special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try" the offences, namely, any offences punishable under the Act and any conspiracy to or any attempt to commit or any abetment of any of the offe
The appointment and posting powers for Special Judges under the Prevention of Corruption Act must align with constitutional mandates, emphasizing judicial independence and regulation of judicial powe....
Control over subordinate judicial staff rests with the High Court; any action taken by the District Judge without prior approval is unauthorized and illegal.
Article 235 of Constitution of India is control over subordinate courts.
A judge must operate within their assigned jurisdiction; any order made outside this scope is void.
Jurisdiction under MCOCA is restricted to designated Special Courts, and any extension of investigative custody requires adherence to statutory protocols to ensure legality of judicial actions.
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