Case Note & Summary
The Supreme Court addressed the writ petitions filed by Essar Teleholdings Ltd., Loop Telecom Ltd., and Vikash Saraf, challenging the jurisdiction of the Special Judge appointed to try cases related to the 2G Scam. The petitioners contested the Administrative Order from the Delhi High Court and the Notification from the Government of NCT of Delhi, which designated Mr. Om Prakash Saini as the Special Judge for these cases. The background involved allegations of criminal conspiracy and misconduct in the allocation of UAS licenses in 2008, leading to the CBI's investigation and subsequent FIR. The court noted that the Special Judge was empowered to try offences under the IPC that were connected to the offences under the PC Act. The petitioners argued that the charges against them were triable by a Magistrate, not a Special Judge, and cited previous judgments to support their claims. However, the court found that the Special Judge had the jurisdiction to take cognizance of the offences as they arose from the same FIR related to the 2G Scam. The court emphasized the importance of a fair trial and the necessity of consolidating trials for co-accused charged with related offences. Ultimately, the Supreme Court dismissed the writ petitions, affirming the Special Judge's authority and directing that the trial proceed on a day-to-day basis to ensure timely justice.
Headnote
A) Criminal Procedure - Jurisdiction of Special Judges - Special Judge's Authority - Prevention of Corruption Act, 1988, Section 3(1), Section 4 - The court held that the Special Judge has the authority to take cognizance of offences under IPC when they arise from the same transaction as offences under the PC Act. The petitioners, being co-accused in the 2G Scam case, could be tried together with other accused under the provisions of the Cr.P.C. (Paras 25-26).
Issue of Consideration
Whether the Special Judge had the jurisdiction to take cognizance of the offences under Section 420 and Section 120B IPC in the context of the 2G Scam case.
Final Decision
The Supreme Court dismissed the writ petitions, affirming the jurisdiction of the Special Judge to take cognizance of the offences under Section 420 and Section 120B IPC in relation to the 2G Scam case. The court directed that the trial proceed on a day-to-day basis.
Law Points
- jurisdiction of special judges
- cognizance of offences
- trial procedures
- powers under Prevention of Corruption Act
- 1988
- Code of Criminal Procedure
- 1973
