Rediff On The NeT: SC to hear Jaya's special courts case on Feb 15


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February 8, 1999

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SC to hear Jaya's special courts case on Feb 15

Amberish K Diwanji in New Delhi

Did the Tamil Nadu government headed by M Karunanidhi of the Dravida Munnetra Kazhagam overreach itself by setting up too many special courts to try and get his predecessor, J Jayalalitha, convicted on charges of corruption?

The Supreme Court will deliberate on this and other questions on Monday, February 15, when it hears a case challenging the validity of the Centre's notification transferring all cases against Jayalalitha from the special courts to regular courts.

With the matter being sub judice, advocates refused to comment on record whether the notification goes beyond the powers conferred on the Centre by the Prevention of Corruption Act and the Specials Courts Act.

The Tamil Nadu government had set up three special courts to hear 46 different cases of corruption against Jayalalitha. These courts were set up under the Special Courts Act, while Jayalalitha has been charged under the Prevention of Corruption Act.

Section 4(ii) of the PCA says: Every offence shall be tried by the special judge of the area or by a special judge appointed for the case, or if there is more than one case, then by a judge appointed by the central government to try the case.

"It is quite clear that when there is more than one case, any special judge appointed is at the discretion of the central government," a senior advocate said. "This has also been Jayalalitha's plea all along."

Said a Bharatiya Janata Party official, "By law, state governments are not allowed to set up more than one special court. Therefore, the Tamil Nadu government erred in setting up so many courts. Only the Union government has the right to pick the special court judge when many cases are on to try one person. In transferring the cases back to the regular [sessions] court, we have only taken a corrective measure and restored the prerogative of the central government in such matters."

But another advocate was sceptical about some aspects of the notification. "Today, as per the Prevention of Corruption Act, important corruption cases have to be tried by special courts. There is also a new Special Courts Act which stipulates how such courts [are to] be set up for trials. Hence, it is not clear whether transferring them back to the regular sessions court will be upheld."

Incidentally, section 3 of the PCA states: "The central or state government may appoint as many judges as needed to try the offences punishable under this Act." The DMK has used this section to justify setting up three special courts to try the former Tamil Nadu chief minister.

Incidentally, after the special courts were set up, Jayalalitha unsuccessfully moved the Madras high court challenging their validity. Her lawyers then filed a special leave petition in the Supreme Court. The court, while agreeing to hear the matter, refused to stay the proceedings against her in the special courts.

Whatever the Supreme Court now decides, it will at least buy the government sufficient time to present the Budget. The budget session of Parliament starts on February 22 and the government will unveil its Budget for 1999-2000 on February 27.

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