Special Courts Act cannot confiscate Jagan’s assets
The much-talked-about Special Courts Act, 2016 of the AP government, that was allegedly brought in to confiscate Opposition leader Y.S. Jagan Mohan Reddy’s assets, cannot actually be applied in his cases.
Legal experts and government officials say it can be used only in disproportionate assets cases booked under Section 13 (1) (e) of the Prevention of Corruption Act, to confiscate properties of public servants. It is not applicable to other sections of the Prevention of Corruption Act.
A senior legal expert of the AP government, said, “The Act has been notified and it is ready for implementation. We have written to the High Court to designate certain courts under the Act. The Act is aimed at speedy disposal of cases of confiscation of properties of corrupt officials involved in disproportionate assets cases only under section 13(1) (e) of the PC Act.”
After the Bill was passed in the AP Legislative Assembly, the finance and legislative affairs minister, Yanamala Ramakrishnudu, had said that the Act will be used to confiscate the properties of Mr Reddy.
Mr Reddy is facing charges of quid pro quo investments in several cases. Even cases against public servants like IAS officers in Mr Reddy’s case, are under section 9 of the Prevention of Corruption Act and other sections, and the Special Courts Act is not applicable here either.
The allegation against Mr Reddy is that he influenced his father, late Chief Minister Dr Y.S. Rajasekhar Reddy, to favour certain companies and individuals, and the latter in return invested in Mr Reddy’s companies. This does not constitute a disproportionate assets case. Advocates representing Mr Reddy said that even other sections of the Prevention of Corruption Act are not applicable to him as he was not a public servant when the alleged offence took place.
Section 13(1) has three conditions: the accused should own assets, which cannot possibly be acquired by their legal sources of income; should be holding a public office; be unable to explain how they came to own these assets.