SPECIAL COURTS

[Mr. M. GOVINDARAJAN]

Special Courts

Special courts exist for both civil and criminal disputes. Cases tried in special, limited-jurisdiction criminal courts, such as traffic court or misdemeanor court, may be reheard in a general-jurisdiction trial court without an appeal upon the request of the parties.

The concept of Special Courts is not a new phenomenon in the Indian criminal jurisprudence. The British government set up several Special Courts under different enactments but they were mainly aimed at suppressing the freedom movement of India.

The Supreme Court held in several cases that the legislature is competent to create Special Courts, but it should not violate Article 14 of our Indian Constitution. The legislature has introduced Special Courts on many occasions through various laws, usually with the intention to enable quick and efficient disposal of cases. The Criminal Law Amendment Act, 1908 contemplated setting up of Special Courts dealing with terrorist crimes. Special Courts were also created under the Criminal law Amendment Act, 1952 for the trial of the offenses of bribery and corruption, under Section 161-165 and 165-A of the Indian Penal Code, 1860.

Establishment of Special Court

Section 3 of the Special Courts Act, 1979 provides that the Central Government shall, by notification in the Official Gazette, establish an adequate number of courts to be called Special Courts.  A Special Court shall consist of a sitting Judge of a High Court nominated by the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated, with the concurrence of the Chief Justice of India. Any reference to a High Court or to the Chief Justice or Judge of a High Court shall, in relation to a Union territory having a Court of the Judicial Commissioner, be construed as a reference to the said Court of the Judicial Commissioner or to the Judicial Commissioner or any Additional Judicial Commissioner, as the case may be.

Special Courts in India

In India, Special Courts are being setup for various trials for offences Relating to Transactions in Securities, Atrocities against Scheduled Caste and Scheduled Tribes, consuming Narcotic Drugs, violation on NIA act, Corruption.  Supreme court has also setup 12 fast track special courts to exclusively deal with cases involving with MLA/MPs.

Cognizance of offence

A Special Court shall take cognizance of or try such cases as are instituted before it or transferred to it as hereinafter provided.

Declaration

If the Central Government is of opinion that there is prima facie evidence of the commission of an offence alleged to have been committed by a person who held high public or political office in India and that in accordance with the guidelines contained in the preamble hereto the said offence ought to be dealt with under this Act, the Central Government shall make a declaration to that effect in every case in which it is of the aforesaid opinion.

Such declaration shall not be called in question in any court.

Institution of prosecution

On the declaration made in respect of any offence by the Central Government, notwithstanding anything in the Code, any prosecution in respect of such offence shall be instituted only in a Special Court designated by the Central Government.  Any prosecution in respect of such offence pending in any court shall stand transferred to a Special Court designated by the Central Government.

Jurisdiction of Special Court

A Special Court shall have jurisdiction to try any person concerned in the offence in respect of which a declaration has been made, either as principal, conspirator or abettor and all other offences and accused persons as can be jointly tried therewith at one trial in accordance with the Code of Criminal Procedure (‘Code’ for short).

Procedure and powers of Special Courts

A Special Court shall in the trial of cases follow the procedure prescribed by the Code, for the trial of warrant cases before a magistrate-

A Special Court may, with a view to obtaining evidence of any person suspected to have been directly or indirectly concerned in or privy to an offence, tender a pardon to such person on condition of his making full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned whether as principal, conspirator or abettor in the commission thereof and any pardon so tendered shall for the purposes of section 308 of the Code be deemed to have been tendered under section 307 thereof.

The provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Special Court and for the purposes of the said provisions of the Code a Special Court shall be deemed to be a Court of Session and shall have all the powers of a Court of Session and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.

A Special Court may pass upon any person convicted by it any sentence authorized by law for the punishment of the offence of which such person is convicted.

Appeal or revision

An appeal shall lie as of right from any judgment, sentence or order, not being interlocutory order, of a Special Court to the Supreme Court both on facts and on law.   No appeal or revision shall lie to any court from any judgment, sentence or order of a Special Court.

Every appeal shall be preferred within a period of thirty days from the date of any judgment sentence or order of a Special Court.  The Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.

Transfer of cases

If at the date of the declaration in respect of any offence an appeal or revision against any judgment or order in a prosecution in respect of such offence, whether pending or disposed of, is itself pending ill any court of appeal or revision, the same shall stand transferred for disposal to the Supreme Court.

Special Courts under Companies Act, 2013

Chapter XXVIII of Companies Act, 2013 contains provisions relating to the establishment of Special Courts, their jurisdiction etc.  The Central Government may establish or designate as many Special Courts as may be necessary for providing speedy trial of offences under this Act except Section 452.    All offences specified under sub-section (1) of section 435 shall be triable only by the Special Court established for the area in which the registered office of the company in relation to which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned.

Special Courts under Income Tax Act, 1961

Section 280A of the Income Tax Act provides that the Central Government, in consultation with the Chief Justice of the High Court, may, for trial of offences punishable under Chapter XXII, by notification, designate one or more courts of Magistrate of the first class as Special Court for such area or areas or for such cases or class or group of cases as may be specified in the notification.  The offences punishable under this Chapter shall be triable only by the Special Court, if so designated, for the area or areas or for cases or class or group of cases, as the case may be, in which the offence has been committed.

A Special Court may, upon a complaint made by an authority authorized in this behalf under this Act take cognizance of the offence for which the accused is committed for trial.

Vide Notification No. 89/2021, dated 04.08.2021 the Central Government, in consultation with the Chief Justice of the High Court for the State of Telangana, hereby designates the Court of the Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge-cum-XXII Additional Chief Judge, City Civil Court, Hyderabad as the Special Court for the State of Telangana for the purposes of sub-section (1) of section 280A of the Income-tax Act, 1961 and section 84 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.