SPECIAL COURTS ACT, 1979
[REPEALED] THE
SPECIAL COURTS ACT, 1979 [Act
No. 22 of 1979] [16th
May, 1979] An Act to provide for
the speedy trial of a certain class of offences Whereas Commissions of Inquiry
appointed under the Commissions of Inquiry Act, 1952 have rendered reports
disclosing the existence of prima facie evidence of offences committed by
persons who held high public or political offices in the country and others
connected with the commission of such offences during the operation of the
Proclamation of Emergency, dated the 25th June, 1975, issued under clause (1)
of article 352 of the Constitution; And whereas investigations conducted by
the Government through its agencies have also disclosed similar offences
committed during the period aforesaid; And whereas the offences referred to in
the recitals aforesaid were committed during the operation of the said
Proclamation of Emergency, during which a grave emergency was clamped on the
whole country, civil liberties were curtailed to a great extent, important
fundamental rights of the people were suspended, strict censorship was imposed
on the press, judicial powers were severely crippled and the parliamentary
democratic system was emasculated; And whereas all powers being a trust,
and holders of high public or political offices are accountable for the
exercise of their powers in all cases where Commissions of Inquiry appointed
under the Commissions of Inquiry Act, 1952 or investigations conducted by
Government through its agencies disclose offences committed by such holders; And whereas it is the constitutional,
legal and moral obligation of the State to prosecute persons involved in the
said offences; And whereas the ordinary criminal
courts due to congestion of work and other reasons cannot reasonably be
expected to bring those prosecutions to a speedy termination; And whereas it is imperative for the
efficient functioning of parliamentary democracy and the institutions created
by or under the Constitution of India that the commission of offences referred
to in the recitals aforesaid should be judicially determined with the utmost
dispatch; And whereas it is necessary for the
said purpose to establish additional courts presided over by sitting Judges of
High Courts; And whereas it is expedient to make
some procedural changes whereby avoidable delay in the final determination of
the innocence or guilt of the persons to be tried is eliminated without
interfering with the right to a fair trial; Be it enacted by Parliament in the
Thirtieth Year of the Republic of India as follows:-- (1) This Act may be
called the Special Courts Act, 1979. (2) It extends to the
whole of India except the State of Jammu and Kashmir. In this Act, Unless the context
otherwise requires,-- (a) "Code"
means the Code of Criminal Procedure; 1973 (2 of 1974); (b) "declaration",
in relation to an offence, means a declaration made under section 5 in respect
of such offence; (c) "Special
Court" means a Special Court established under section 3; (d) words and expressions
used but not defined in this Act but defined in the Code shall have the same
meanings as in the Code. (1) The Central Government
shall, by notification in the Official Gazette, establish an adequate number of
courts to be called Special Courts. (2) A Special Court shall
consist of a sitting Judge of a High Court nominated by the Chief Justice of
the High Court within the local limits of whose jurisdiction the Special Court
is situated, with the concurrence of the Chief Justice of India. Explanation.--Any reference to a High
Court or to the Chief Justice or Judge of a High Court shall, in relation to a
Union territory having a Court of the Judicial Commissioner, be construed as a
reference to the said Court of the Judicial Commissioner or to the Judicial
Commissioner or any Additional Judicial Commissioner, as the case may be. A Special Court shall take cognizance of or try such oases
as are instituted before it or transferred to it as hereinafter provided. (1) If the Central
Government is of opinion that there is prima facie evidence of the commission
of an offence alleged to have been committed by a person who held high public
or political office in India and that in accordance with the guidelines
contained in the preamble hereto the said offence ought to be dealt with under
this Act, the Central Government shall make a declaration to that effect in
every case in which it is of the aforesaid opinion. (2) Such declaration
shall not be called in question in any court. On such declaration being made in respect of any offence,
notwithstanding anything in the Code, any prosecution in respect of such
offence shall be instituted only in a Special Court designated by the Central
Government and any prosecution in respect of such offence pending in any court
shall stand transferred to a Special Court designated by the Central
Government. If at the date of the declaration in respect of any offence
an appeal or revision against any judgment or order in a prosecution in respect
of such offence, whether pending or disposed of, is itself pending in any court
of appeal or revision, the same shall stand transferred for disposal to the
Supreme Court. A Special Court shall have jurisdiction to try any person
concerned in the offence in respect of which a declaration has been made,
either as principal, conspirator or abettor and all other offences and accused
persons as can be jointly tried therewith at one trial in accordance with the
Code. (1) A Special Court shall
in the trial of such cases follow the procedure prescribed by the Code, for the
trial of warrant cases before a magistrate. (2) A Special Court may,
with a view to obtaining evidence of any person suspected to have been directly
or indirectly concerned in or privy to an offence, tender a pardon to such
person on condition of his making full and true disclosure of the whole
circumstances within his knowledge relating to the offence and to every other
person concerned whether as principal, conspirator or abettor in the commission
thereof and any pardon so tendered shall for the purposes of section 308 of the
Code be deemed to have been tendered under section 307 thereof. (3) Save as expressly
provided in this Act, the provisions of the Code shall, in so far as they are
not inconsistent with the provisions of this Act apply to the proceedings before
a Special Court and for the purposes of the said provisions of the Code a
Special Court shall be deemed to be a Court of Session and shall have all the
powers of a Court of Session and the person conducting a prosecution before a
Special Court shall be deemed to be a Public Prosecutor. (4) A Special Court may
pass upon any person convicted by it any sentence authorised by law for the
punishment of the offence of which such person is convicted. (1) Whenever it is made
to appear to the Supreme Court that an order under this section is expedient
for the ends of justice, it may direct that any particular case be transferred
from one Special Court to another Special Court. (2) The Supreme Court may
act under this section only on the application of the Attorney-General of India
or of a party interested, and every such application shall be made by motion,
which shall, except when the applicant is the Attorney-General of India or the
Advocate-General of a State, be supported by affidavit or affirmation. (3) Where any application
for the exercise of the powers conferred by this section is dismissed, the
Supreme Court may, if it is of opinion that the application was frivolous or
vexatious, order the applicant to pay by way of compensation to any person who
has opposed the application such sum not exceeding one thousand rupees as it
may consider appropriate in the circumstances of the case. (1) Notwithstanding
anything in the Code, an appeal shall lie as of right from any judgment,
sentence or order, not being interlocutory order, of a Special Court to the
Supreme Court both on facts and on law. (2) Except as aforesaid,
no appeal or revision shall lie to any court from any judgment, sentence or
order of a Special Court. (3) Every appeal under
this section shall be preferred within a period of thirty days from the date of
any judgment, sentence or order of a Special Court: Provided that the Supreme Court may
entertain an appeal after the expiry of the said period of thirty days if it is
satisfied that the appellant had sufficient cause for not preferring the appeal
within the period of thirty days. The Supreme Court may, by notification in the Official
Gazette, make such rules, if any, as it may deem necessary for carrying out the
purposes of this Act. Every notification made under sub-section (1) of section 3
and every declaration made under sub-section (1) of section 5 shall be laid, as
soon as may be after it is made, before each House of Parliament. Statement of Objects
and Reasons - SPECIAL COURTS ACT, 1979 STATEMENT
OF OBJECTS AND REASONS 1.
Reports
of various Commissions of Inquiry appointed under the Commissions of Inquiry
Act, 1952, have disclosed the existence of prima facie evidence of offences
committed by persons who have held high public or political office in the
country and others connected with the commission of such offences during the
Proclamation of Emergency issued under article 352 of the Constitution on 25th
June, 1975. Investigations conducted by the Government through its agencies
have also disclosed similar offences committed by holders of high public or
political offices and others during the aforesaid period. 2.
It
is the constitutional, legal and moral obligation of the State to prosecute
persons involved in these offences. For ensuring the healthy functioning of the
institutions of parliamentary democracy, it is necessary to arrange for their
judicial determination with the utmost dispatch. The ordinary criminal courts,
because of congestion and other reasons, cannot reasonably be expected to bring
these prosecutions to a speedy termination. It is, therefore, considered
necessary to create additional courts, to be called Special Courts, to deal
exclusively with such offences. It is also expedient to make some procedural
changes whereby avoidable delay in the final determination of the innocence or
guilt of the persons to be tried is eliminated without interfering with the
right to a fair trial. 3.
With
a view to achieving the above objects, a Bill called "The Emergency Courts
Bill, 1978" (Bill No. 115 of 1978) had been introduced by Shri Ram
Jethmalani in Lok Sabha in August, 1978. As there were some doubts whether all
the provisions in Shri Jethmalani's Bill (a notice of which had been received
by Government earlier) would be constitutional, a reference was made to the
Supreme Court under article 143 of the Constitution seeking its advisory
opinion on the Special Courts Bill the provisions of which were substantially
the same as those of Shri Jethmalani's Bill. The opinion of the Supreme Court
has been received. The Supreme Court has generally endorsed the constitutionality
of making provision for Special Courts. 4.
Except
for modifications aimed at removing the infirmities pointed out by the Supreme
Court and for certain other modifications relating to details such as the
powers of the Special Courts, the present Bill is on the lines of the Bill
considered by the Supreme Court.
Preamble - THE SPECIAL COURTS ACT, 1979 PREAMBLE