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2001 (9) TMI 991 - SC - Companies LawSpecial Court powers whether the power to grant pardon has been specifically denied to the Special Court established by the Act? Held that - Appeal dismissed. The Special Court established under the Act is a court of exclusive jurisdiction. Sections 6 and 7 confer on that court wide powers. It is a court of original criminal jurisdiction and has all the powers of such a court under the Code including those of sections 306 to 308. For the foregoing reasons the learned Special Court rightly rejected the application of the appellants for revocation of the order of pardon. The intervention applications are also dismissed.
Issues Involved:
1. Jurisdiction and powers of the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. 2. Applicability of sections 306 and 307 of the Code of Criminal Procedure to the Special Court. 3. Interpretation of section 9 of the Special Court Act. 4. Validity of the pardon granted by the Special Court. 5. The doctrine of implied repeal and its applicability. Detailed Analysis: 1. Jurisdiction and Powers of the Special Court: The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, was enacted to address large-scale irregularities in securities transactions. The Act establishes a Special Court with exclusive jurisdiction over specific offences. Section 6 of the Act provides for the establishment of the Special Court, which is manned by a sitting judge of the High Court. Section 7 stipulates that any prosecution related to securities transactions must be instituted only in the Special Court, making it a court of exclusive jurisdiction for such offences. 2. Applicability of Sections 306 and 307 of the Code of Criminal Procedure: Sections 306 and 307 of the Code of Criminal Procedure (CrPC) deal with the tender of pardon to accomplices. The main question was whether these sections apply to the proceedings before the Special Court under the Act. The judgment discusses that the power to grant pardon is substantive and must be specifically conferred. Section 9(2) of the Act incorporates the provisions of the CrPC, making the Special Court a Court of Session with all associated powers, unless specifically excluded by the Act. 3. Interpretation of Section 9 of the Special Court Act: Section 9(2) of the Act states that the provisions of the CrPC apply to the proceedings before the Special Court, and for these purposes, the Special Court is deemed to be a Court of Session. The judgment emphasizes that this incorporation by reference means that the Special Court has the powers of a Court of Session, including the power to grant pardon under sections 306 and 307 of the CrPC. The Special Court is not explicitly denied the power to grant pardon, and thus, it retains this power. 4. Validity of the Pardon Granted by the Special Court: The Special Court granted pardon to two accused, Prabhu and Choudhury, which was later challenged on the grounds of lack of jurisdiction. The applications for revocation of the pardon were dismissed by the Special Court, and this dismissal was upheld by the Supreme Court. The judgment clarifies that the Special Court has the authority to grant pardon, and the orders granting pardon were within its jurisdiction. 5. Doctrine of Implied Repeal: The doctrine of implied repeal suggests that a later law repeals an earlier law if the two are irreconcilably inconsistent. The judgment rejects the application of this doctrine, stating that the provisions of the Act and the CrPC can coexist harmoniously. The Act does not expressly or by necessary implication exclude the applicability of sections 306 and 307 of the CrPC. Therefore, the power to grant pardon is not negated by the Act. Conclusion: The Supreme Court concluded that the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, is a court of exclusive jurisdiction with all the powers of a Court of Session, including the power to grant pardon under sections 306 and 307 of the CrPC. The applications for revocation of the pardon were rightly dismissed by the Special Court, and the appeals were accordingly dismissed.
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