Trivedi J: Lack of sanction does not oust jurisdiction of special court. The offences will remain...
Rohatgi: If you don't have sanction u/S 19, he can't be tried.
Trivedi J: Who said that? Without sanction, you can file chargesheet, you can try, you can raise the issue at time of framing of charge...If it goes under judicial scrutiny, he may be convicted also without sanction.
Bose J: Where does special court derive its jurisdiction from? Inference is what you are arguing, but this point was not directly dealt with. Also elaborate on the point where there are multiple accused...
Rohatgi refers to Section 44 PMLA, "This is also an example of the kind of legislative convenience."
Bose J: What is the jurisdiction of special court derived from?
Trivedi J: If there are only IPC offences...
Rohatgi: No jurisdiction then. But where there is a mix, special court will have jurisdiction.
Trivedi J: When PC Act offences go...
Rohatgi: After 10 years, you cannot go back and forth.
Rohatgi: Cannot go back and forth. Will be contrary to legislative convenience. Here, special court refused to discharge the accused and this matter came up to Supreme Court, which then affirmed it.
Rohatgi: In this case, he was charged with Prevention of Corruption Act and Indian Penal Code. PC Act went out because of lack of sanction. This is what the court held. (Referring to A Sreenivasa Reddy)
Trivedi J asks Rohatgi what happens if PC Act goes, as distinct from a situation where there's an amalgam of PC Act and non-PC Act offences -
Rohatgi: There's a judgment on this. (Refers to A Sreenivasa Reddy)
Trivedi J: How can special judge still try the offence?
Rohatgi: Because of S 4 of the Act. Let me explain. Let's read the section first. So to begin with, special judge may try accused under non-PC offences at the same trial.
Rohatgi: Suppose there's one person who is accused under PC Act and IPC. Even if for some reason, the offences under PC Act are dropped, the special judge will be competent to keep trying them under IPC. Once jurisdiction is attracted...
Rohatgi: I have also provided a judgment to support the contention that even if one part goes away, jurisdiction of special court to try the non-PC Act offences remain.
Bose J: You are saying special judge's jurisdiction will remain with respect to offence concerned?
Rohatgi: With respect to official duty, I have given judgments. There are several aspects and it cannot be debated in a proceedings of a quashing plea under Section 482 CrPC.