Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Prevention of Corruption Act, 1947 (2 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act, 1988 (PCA), S.3 - Constitution of India, Articles 14 and 21 - Notification issued by State government establishing three additional Sessions Court at Chennai and appointing Judges of those courts as Special judges to try exclusively cases of corruption against former Chief Minister and other ministers - Challenged on ground that neither the Act nor S.3 disclosed any policy for deciding when a special judge could be appointed - Held, provisions sufficiently indicate the object that cases of corruption shall be tried speedily which is the policy of the Act and underlies S.3 as well; S.3 not violative of Article 14. Constitution of India, Article 14 - Administrative Law - Notification issued by State Government appointing special courts to try cases of corruption against former Chief Minister and Ministers under PCA - Challenged as violative of Article 14 on the grounds of malice in law and fact - Held, no material brought on record or factual averments made to show that government had singled out petitioners for political targeting; notification neither discriminatory nor violative of Article 14 - Prevention of Corruption Act, 1988, S.3 - Pleadings. Constitution of India, Article 233 - Whether appointment of Special judges made in consultation with High Court - Held, proposal and posting of additional judges as special judges approved by Full Court; allocation and distribution of work being an administrative act could be performed by Acting Chief Justice acting alone. Interpretation of Statutes - Power of State Government under S.3 of PCA to appoint as many special judges as may be necessary for area or areas or for such case or group of cases - Held, the word 'or' in S. 3 would mean that government has the power to do either or both the things. Words and Phrases - Prevention of Corruption Act, 1988, Ss. 3, 4(2) - Held, the words 'as may be necessary' in S.3 is the guideline according to which the government has to exercise discretion to achieve the object of speedy trial; the term 'necessary' means what is indispensable, needful or essential; word 'case' in the second part of S.4(2) includes cases Prevention of Corruption Act, 1988 (PCA), S.4. (2) - High Court dismissing writ petitions of former Chief Minister and Ministers challenging notifications issued in April, 1997 under PCA appointing special courts to try cases of corruption - Trial going on since May, 1997 - While SLPs pending in Supreme Court Central Government on February 5, 1999 issuing notification under S. 4(2) reallocating cases to be tried by the special judges - Held, notification was bad and not in accordance with S.4(2); Central Government failed to establish necessity for issuing notification. |
Judge | Hon'ble Mr. Justice G.T. Nanavati |
Neutral Citation | 1999 INSC 256 |
Petitioner | J. Jayalalitha Etc. Etc. |
Respondent | Union Of India And Anr. |
SCR | [1999] 3 S.C.R. 653 |
Judgement Date | 1999-05-14 |
Case Number | 3142 |
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