LAW FOR ALL

Non- official as co - accused can be prosecuted along with other official accused by Special court = Admittedly, 2G Scam case is triable by the Special Judge against the persons accused of offences punishable under the PC Act in view of sub­Section (1) of Section 4. The Special Judge alone can take the cognizance of the offence specified in sub­ Section (1) of Section 3 and conspiracy in relation to them. While trying any case, the Special Judge may also try an offence other than the offence specified in sub­Section (1) of Section 3, in view of sub­Section (3) of Section 4. A magistrate cannot take cognizance of offence as specified in Section 3(1) of the PC Act. In this background, as the petitioners have been shown as co­accused in second­ supplementary chargesheet filed in 2G Scam case, it is open to the Special Judge to take cognizance of the offence under Section 120­B and Section 420 IPC.- the Special Judge while trying the co­ accused of an offence punishable under the provisions of the Act as also an offence punishable under Section 120­B read with Section 420 IPC has the jurisdiction to try the appellant also for the offence punishable under Section 120­B read with Section 420 IPC applying the principles incorporated in Section 223 of the Code.; In the present case there is nothing on the record to suggest that the petitioners will not get fair trial and may face miscarriage of justice. In absence of any such threat & miscarriage of justice, no interference is called for against the impugned order taking cognizance of the offence against the petitioners. On 11th April, 2001, when the 2G Scam Case was taken up by this Court, this Court, inter alia, observed as follows: “Acting on such basis, this Court has given directions for establishing a separate Special Court to try this case and pursuant to such direction, a Special Court has been constituted after following the due procedure. We also make it clear that any objection about appointment of Special Public Prosecutor or his assistant advocates or any prayer for staying or impeding the progress of the Trial can be made only before this Court and no other court shall entertain the same. The trial must proceed on a day­to­ day basis. All these directions are given by this Court in exercise of its power under Article 136 read with Article 142 of the Constitution and in the interest of holding a fair prosecution of the case.” From the aforesaid order it is clear that this Court passed the order under Article 136 read with Article 142 of the Constitution, in the interest of holding a fair prosecution of the case. - In Rupa Asbhok Hurra v. Ashok Hurra and another, (2002) 4 SCC 388, this Court held that a final judgment or order passed by this Court cannot be assailed in an application under Article 32 of the Constitution by an aggrieved person, whether he was a party to the case or not. For the said reason also, it is not open to the petitioner to indirectly assail the order passed by this Court in 2G Scam case. 30. We find no merit in these writ petitions, they are accordingly dismissed. The Special Court is expected to proceed with the trial on day­to­day basis to ensure early disposal of the trial. There shall be no order as to costs.