Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2G Spectrum Case Nomination of Special Judge |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | PREVENTION OF CORRUPTION ACT, 1988:s.3(1) read with s.4(3) and s.22 - 2G Spectrum case -Nomination of Special Judge - Jurisdiction of Special Court to take cognizance of offences punishable u/ss 420/128 IPC as per second supplementary charge-sheet filed by CBI in the FIR for offences punishable under PC Act - Held: Apart from an offence punishable under the Act, any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified thereunder can also be tried by a Special Judge - From second charge-sheet it is clear that petitioners are co-accused in 2G Scam case - Thus, s.220, Cr.P. C. will apply and the petitioners though accused of different offences i.e. u/s 420/120-B IPC alleged to have been committed in the course of 2G Spectrum transactions, u/s 223,Cr. P. C. they may be charged and can be tried together with the other co-accused of 2G Scam cases.s.3(1) - 2G Spectrum case - Nomination of Special Judge - Held: Under sub-s. (1) of s.3 of the PC Act, State Government may, by, notification in the Official Gazette,appoint as many Special Judges as may be necessary and specified in the notification to try any offence punishable under the Act - In the instant case, as co-accused have been charged under the provisions of the PC Act, NCT of Delhi is well within its jurisdiction to issue Notification(s) appointing Special Judge(s) to try 2G Scam case(s) - In view of Arts. 233 and 234, it is well within the jurisdiction of High Court to nominate officer(s) of the rank of District Judge for appointment and posting as Special Judge(s) under sub-s.(1) of s. 3 - Constitution of India, 1950 - Arts. 233 and 234. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 374 |
Petitioner | Essar Teleholdings Ltd. |
Respondent | Registrar General, Delhi High Court & Ors |
SCR | [2013] 7 S.C.R. 1 |
Judgement Date | 2013-07-01 |
Case Number | 57 |
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