2015 (9) TMI 1749 - SC - Indian Laws

Criminal conspiracy in respect of the grant of 122 UAS licenses in the year 2008 against various unknown Government officials, persons and companies - second supplementary chargesheet should be tried by a Magistrate of the First Class or can be tried only by the learned Special Judge? - offences Under Section 120B read with Section 420 Indian Penal Code - HELD THAT:- It is clear that on a reading of the prayers in the said application, only a joint trial was asked for in pursuance of the judgment of this Court dated 1.7.2013. In fact, on a reading of the application and the arguments made before the learned Special Judge, the Petitioners' main argument was that this Court, in the order dated 1.7.2013, had in fact mandated a joint trial. This was correctly turned down by the learned Special Judge, regard being had to the fact that this Court, in paragraph 25 of the judgment dated 1.7.2013, only stated that a discretion was vested with the Special Judge which he may well exercise given the facts of the case.

The other contention of learned senior Counsel for the Petitioners before us has already been answered by this Court by upholding both the administrative order dated 15.3.2011 and the NCT notification dated 28.3.2011. This Court having held that the administrative order dated 15.3.2011 of the High court was valid, it is clear that even a Penal Code offence by itself-that is, such offence which is not to be tried with a Prevention of Corruption Act offence-would be within the Special Judge's jurisdiction inasmuch as the administrative order of the High Court gives power to the Special Court to decide all offences pertaining to the 2G Scam. In fact, once this order is upheld, the learned senior advocate's argument based on Section 4(3) of the Prevention of Corruption Act pales into insignificance - once the challenge to the administrative order dated 15.3.2011, is specifically rejected, the offences arising out of the second supplementary chargesheet, being offences under the Penal Code relatable to the 2G scam, can be tried separately only by the Special Judge.

There are no infirmity in the impugned judgment - petition dismissed.