2014 (2) TMI 1401 - SC - Indian Laws

Bribe - interpretation of various sections that appear in Chapter II read with Chapter III of the Prevention of Corruption Act 1988 - whether on the death of the sole public servant the Special Judge will cease to have jurisdiction to continue with the trial against the private persons for non-PC offences? - HELD THAT - The Indian Penal Code has provided for punishment for the offence of bribery and corruption even against the public servants. Parliament in its wisdom noticed that the Penal Code was not adequate to meet the exigencies of time and a need was felt to introduce a special legislation with a view to eradicate the evil of bribery and corruption from the society. Consequently the Prevention of Corruption Act 1947 was enacted which was amended in the year 1964 based on the recommendations of the Santhanam Committee. Parliament still felt that the anti-corruption laws should be made more effective by widening their coverage and enhancing penalties and to expedite the proceedings and hence the 1988 Act was enacted. The scope of Sub-section (3) of Section 4 of the PC Act which indicates that when trying any case which means trying any case relating to the offences referred to in Section 3(1)(a) and (b) of the PC Act for which exclusive jurisdiction is conferred on the Special Judge. A Special Judge while exercising exclusive jurisdiction that is when trying any case relating to offences under Sections 3(1)(a) and (b) of the PC Act may also try any offence other than the offence specified in Section 3 with which the accused may under the Code of Criminal Procedure 1973 be charged at the same trial. An accused in a given case may be charged under the Code of Criminal Procedure on an offence being committed under the Indian Penal Code and the offence specified in Section 3 of the PC Act. Criminal cases that can be tried by a Special Judge are under the PC Act and also for the charges under Indian Penal Code or any other legislation. Conspiracy to commit any offence either under the PC Act or under the Indian Penal Code is a separate offence has to be separately charged and tried. The purpose of the PC Act is to make anti-corruption laws more effective in order to expedite the proceedings provisions for day-to-day trial of cases transparency with regard to grant of stay and exercise of powers of revision on interlocutory orders have also been provided under the PC Act. Consequently once the power has been exercised by the Special Judge under Sub-section (3) of Section 4 of the PC Act to proceed against non-PC offences along with PC offences the mere fact that the sole public servant dies after the exercise of powers under Sub-section (3) of Section 4 will not divest the jurisdiction of the Special Judge or vitiate the proceedings pending before him. There are no error in the view taken by the Special Judge CBI Greater Mumbai in forwarding the case papers of Special Case No. 88 of 2001 in the Court of Chief Metropolitan Magistrate for trying the case in accordance with law - appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
1. Interpretation of Sections 3, 4, and 5 of the Prevention of Corruption Act, 1988 (PC Act).
2. Jurisdiction of the Special Judge to continue the trial against private persons for non-PC offences after the death of the sole public servant.
3. Jurisdiction of the Special Judge to try non-PC offences when no charges have been framed against public servants.

Detailed Analysis:

Issue 1: Interpretation of Sections 3, 4, and 5 of the PC Act

The judgment delves into the interpretation of Sections 3, 4, and 5 of the PC Act, emphasizing the power to appoint Special Judges (Section 3), cases triable by Special Judges (Section 4), and the procedure and powers of Special Judges (Section 5). The court highlights that the Special Judge has exclusive jurisdiction to try offences under the PC Act and can also try related non-PC offences if charged at the same trial. The court states, "A Special Judge appointed under Section 3(1) of the PC Act has got jurisdiction to proceed exclusively against a public servant and exclusively against a non-public servant as well, depending upon the nature of the offence referred to in Chapter III of the PC Act."

Issue 2: Jurisdiction of the Special Judge to Continue the Trial Against Private Persons for Non-PC Offences After the Death of the Sole Public Servant

In Criminal Appeal No. 943 of 2008, the court examines whether the Special Judge can continue the trial against private persons for non-PC offences after the death of the sole public servant. The court notes that once charges are framed against both public and non-public servants, the jurisdiction of the Special Judge is established. The court states, "On death, the charge against the public servant alone abates and since the Special Judge has already exercised his jurisdiction under Sub-section (3) of Section 4 of the PC Act, that jurisdiction cannot be divested due to the death of the sole public servant." Consequently, the court allows the appeal and directs the Special Judge to complete the trial within six months.

Issue 3: Jurisdiction of the Special Judge to Try Non-PC Offences When No Charges Have Been Framed Against Public Servants

In Criminal Appeal No. 161 of 2011, the court addresses whether the Special Judge has jurisdiction to try non-PC offences when no charges have been framed against public servants. The court emphasizes that the Special Judge can only try non-PC offences when "trying any case" under the PC Act. The court states, "In the instant case, no PC offence has been committed by any of the non-public servants so as to fall under Section 3(1) of the PC Act." Since no charges were framed against the public servant before his death, the Special Judge had no occasion to try any case under the PC Act. Therefore, the court finds no error in the Special Judge's decision to forward the case to the Chief Metropolitan Magistrate and allows the appeal, directing the competent court to dispose of the case within six months.

Conclusion:

The judgment clarifies that the jurisdiction of the Special Judge under the PC Act is not divested by the death of a public servant if charges were already framed. However, if no charges were framed against the public servant, the Special Judge does not have jurisdiction to try non-PC offences. The court underscores the importance of the Special Judge's role in expediting anti-corruption cases and ensuring effective legal proceedings.