CBI court may have to wait for apex court to adjudicate

CHANDIGARH: The Supreme Court will adjudicate the contentious issue of legitimacy of the repealed Section 13 (1) (d) of the Prevention of Corruption (PC) Act invoked in numerous criminal cases, including land-related matters, involving former Haryana chief minister Bhupinder Singh Hooda and several former civil servants as accused.

A special CBI court in Panchkula hearing charges in the Manesar land release case may have to wait for the apex court’s ruling in light of the prevailing circumstances.

A three-member bench of the apex court had in March 2019 ordered that proceedings in writ petitions filed to settle the debatable law pertaining to the amended Prevention of Corruption Act before the Rajasthan and Madras high courts shall remain stayed.

“If the high courts have been barred by the Supreme Court from hearing these petitions, propriety demands that special judges should not sit in judgment over the issues which will be adjudicated by the apex court,’’ said a lawyer.

The CBI, which investigated the land matter, had presented a chargesheet against former chief minister Bhupinder Singh Hooda and his aides before the special CBI judge in February 2018 and invoked Section 13 (1) (d) of the PC Act besides provisions of the Indian Penal Code (IPC).

However, several accused in the case have filed discharge applications disputing CBI’s move to bring into play Section 13 (1) (d) of the PC Act which was repealed in 2018 when the law was amended by the Parliament. Section 13(1) (d) of the Act spoke about criminal misconduct by a public servant if he obtained for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means; or by abusing his position as a public servant, or while holding office as a public servant, obtained for any person any valuable thing or pecuniary advantage without any public interest.

The provision no longer existed on the statute book after the July 26, 2018 amendment was notified by the Central government.

The accused in the land release case have contested the legitimacy of the repealed provision. Special judge (PC Act), CBI, Delhi, Kamini Lau had in December 2018 made a reference to the Delhi high court under Section 395 of the Code of Criminal Procedure on the question of law involving the PC Act.

Lau had sought HC’s interpretation and opinion on various aspects of the Prevention of Corruption (Amendment) Act, 2018, including issue of law relating to vires of the amended Act. However, no ruling has been made by the high court on the matter.

ACCUSED IN MANESAR LAND RELEASE CASE HAVE FILED DISCHARGE APPLICATIONS DISPUTING CBI’S MOVE TO BRING INTO PLAY THE ACT WHICH WAS REPEALED IN 2018