Jurisdiction of special judges trying CBI cases in Delhi's Rouse Avenue Court challenged
Dec 03, 2021
New Delhi [India], December 3 : The jurisdiction of special judges trying Central Bureau of Investigation (CBI) cases in newly set up Rouse Avenue Court in New Delhi was challenged on Thursday.
The jurisdiction challenged in a matter pertains to former Syndicate Bank chairman S.K. Jain who allegedly received over Rs 1.25 crore in 2014 from a middleman for clearing the external commercial borrowings proposals of USD 20 million of Prakash Industries Limited.
During the hearing yesterday, Advocate Vijay Aggarwal appearing for M/s Prakash Industries raised the issue regarding jurisdiction and gave a detailed written submission for the perusal of the court.
He submitted that Section 4(2) of the PC Act, 1988 contemplates that when there are more special judges than one for such area, by such one of them as may be specified in this behalf by the Central Government.
He submitted that the power is available with the Central government and not with the High Court of Delhi or District Judge.
Advocate Aggarwal then cited judicial pronouncements wherein it has been held that in absence of notification under S.4(2) of the PC Act, 1988 by the Central Government, the court concerned will have no jurisdiction to try the case.
However, in Rouse Avenue Court, there are more than one judge appointed and the power as to which case is to be assigned to which court lies with the Central government. Presently, the matters are assigned not in terms of any area designated by the Central Government but in terms of the marking done by the District Judge, RAC which is contrary to the statutory provision under Section 4(2) of the Prevention of Corruption Act, 1988, said, Advocate Aggarwal.
In view of the submissions made, the Special Judge Chandra Shekhar court on Thursday adjourned the matter for December 18, 2021, for consideration on the issue of jurisdiction and till then the court has abstained from proceeding ahead as the issue of jurisdiction hits to the very root of the matter.
Pertinently, there are 29 Special Judges in Rouse Avenue premises and the issue raised would affect all the courts and a large number of trials pending in the said court which include trials against former union minister P. Chidambaram, AugustaWestland case, coal scam cases etc.
