2015 (12) TMI 1703 - SC - Indian Laws

Supreme Court upholds Orissa and Bihar Special Courts Acts for corruption cases, strikes down Rule 12 summary procedure

The SC upheld the constitutionality of the Orissa Special Courts Act, 2006 and Bihar Special Courts Act, 2009, which establish special courts for ... Constitutionality of the Orissa Special Courts Act, 2006 and the Bihar Special Courts Act, 2009 - establishment of Special Courts under the Orissa Act - confiscation of property or money or both - refund of confiscated money or property - violation of Article 300A of the Constitution - Public servants facing criminal cases for various offences including the offences under the Prevention of Corruption Act, 1988 ('the 1988 Act') - allegations for property disproportionate to their known sources of income - impact and effect of the legislations brought during the pendency of the proceedings - Held that:- We have at the beginning had mentioned that both the Orissa Act and the Bihar Act are almost similar and, wherever required we have adverted to the same while dealing with the Orissa Act. Barring the same, we do not find there is any distinction between the two enactments and, therefore, analysis made by us as regards the Orissa Act will apply to the Bihar Act. When the Bihar Act provides to follow the warrant procedure prescribed by the Code for trial of cases before a Magistrate, the 2010 Rules could not have prescribed for summary procedure. The rules have to be in accord with the Act. The rules can supplement the provisions of the Act but decidedly they cannot supplant the same. Therefore, we declare that part of Rule 12 which lays down that the learned Special Judge shall follow summary procedure, is ultra vires the Bihar Act. (i) The Orissa Act is not hit by Article 199 of the Constitution. (ii) The establishment of Special Courts under the Orissa Act as well as the Bihar Act is not violative of Article 247 of the Constitution. (iii) The provisions pertaining to declaration and effect of declaration as contained in Section 5 and 6 of the Orissa Act and the Bihar Act are constitutionally valid as they do not suffer from any unreasonableness or vagueness. (iv) The Chapter III of the both the Acts providing for confiscation of property or money or both neither violates Article 14 nor Article 20(1) nor Article 21 of the Constitution. (v) The procedure provided for confiscation and the proceedings before the Authorised Officer do not cause any discomfort either to Article 14 or to Article 20(3) of the Constitution. (vi) The provision relating to appeal in both the Acts is treated as constitutional on the basis of reasoning that the power subsists with the High Court to extend the order of stay on being satisfied. (vii) The proviso to Section 18(1) of the Orissa Act does not fall foul of Article 21 of the Constitution. (viii) The provisions contained in Section 19 pertaining to refund of confiscated money or property does not suffer from any kind of unconstitutionality. (ix) Sub-rules (a) and (f) Rule 12 of the 2010 Rules being violative of the language employed in the Bihar Act are ultra vires or anything contained therein pertaining to the summary procedure is also declared as ultra vires the Bihar Act. Consequently, the appeals arising out of the judgment and order passed by the High Court of Orissa are dismissed and the appeals which have called in question the legal validity of the judgments and order passed by the High Court of Patna are allowed to the extent indicated hereinbefore. Regard being had to the facts and circumstances of the case, we refrain from imposing any costs in the civil appeals. Issues Involved:1. Constitutionality of the Orissa Special Courts Act, 2006 and the Bihar Special Courts Act, 2009.2. Validity of the declaration and effect of declaration under Sections 5 and 6 of the Orissa Act.3. Confiscation of property under Chapter III of the Orissa Act.4. Appeal provisions under Section 17 of the Orissa Act.5. Proviso to Section 18(1) of the Orissa Act.6. Section 19 of the Orissa Act regarding refund of confiscated property.7. Validity of Rule 12 of the Bihar Special Courts Rules, 2010.Detailed Analysis:1. Constitutionality of the Orissa Special Courts Act, 2006 and the Bihar Special Courts Act, 2009:The Supreme Court upheld the constitutionality of both the Orissa Special Courts Act, 2006, and the Bihar Special Courts Act, 2009. The Court found that these Acts were not in violation of Article 199 of the Constitution and did not contravene Article 247. The Court emphasized that the establishment of Special Courts for the trial of certain offences was within the legislative competence of the State legislatures, especially after obtaining the President's assent under Article 254(2).2. Validity of the Declaration and Effect of Declaration under Sections 5 and 6 of the Orissa Act:Sections 5 and 6 of the Orissa Act, which deal with the declaration of cases to be dealt with under the Act and the effect of such declarations, were scrutinized for potential arbitrariness. The Court held that the provisions were constitutionally valid as they did not confer unbridled discretion on the State Government. The State Government is only required to form a prima facie opinion that an offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988, has been committed by a person holding high public or political office.3. Confiscation of Property under Chapter III of the Orissa Act:The provisions for confiscation of property under Chapter III of the Orissa Act were challenged on the grounds of violating Articles 14, 20(2), and 21 of the Constitution. The Court upheld these provisions, stating that confiscation is not a punishment but an interim measure to prevent the enjoyment of ill-gotten gains during the trial. The procedure for confiscation provided adequate safeguards and was not arbitrary.4. Appeal Provisions under Section 17 of the Orissa Act:Section 17(3) of the Orissa Act, which limits the duration of stay orders in appeals, was challenged. The Court interpreted this provision to mean that while the appeal should ideally be disposed of within the prescribed period, the High Court retains the power to extend the stay order if justified. This interpretation was necessary to save the provision from being unconstitutional.5. Proviso to Section 18(1) of the Orissa Act:The proviso to Section 18(1) allows the person affected to remain in possession of the confiscated property for a limited period on payment of market rent. The Court held that this proviso does not violate Article 21 of the Constitution, as it provides a reasonable protection to the affected person while ensuring that the property acquired through illegal means is not enjoyed indefinitely.6. Section 19 of the Orissa Act Regarding Refund of Confiscated Property:Section 19, which deals with the refund of confiscated property if the order of confiscation is annulled or the person is acquitted, was challenged for being confiscatory. The Court held that the provision is valid, provided it is interpreted to mean that the State must demonstrate a real and acceptable reason for not returning the property. The compensation provided (value of the property with 5% interest) was deemed reasonable.7. Validity of Rule 12 of the Bihar Special Courts Rules, 2010:Rule 12, which prescribes a summary procedure for trials, was found to be ultra vires the Bihar Act, as the Act itself mandates the procedure for warrant cases. The Court declared this part of the rule invalid as it conflicted with the statutory provisions of the Bihar Act.Conclusion:The Supreme Court upheld the constitutional validity of the Orissa Special Courts Act, 2006, and the Bihar Special Courts Act, 2009, with certain interpretations to ensure compliance with constitutional provisions. The provisions for confiscation of property, appeal, and refund of confiscated property were found to be valid, subject to specific interpretations to avoid arbitrariness and ensure fairness. Rule 12 of the Bihar Special Courts Rules, 2010, was declared ultra vires to the extent it prescribed a summary procedure for trials.