Delhi High Court
M Omkaram vs Government Of Nct Of Delhi & Ors on 9 January, 2020
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 53/2020
M. OMKARAM ..... Petitioner
Through Mr. M.N. Dudeja, Advocate with
Mr. Anuj Chauhan, Ms. Ananya De,
Mr. Aditya Mishra and Mr. Karan
Sharma, Advocates.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through Mr. Rahul Mehra, Standing Counsel
(Crl.) for GNCTD with Mr. Chaitanya
Gosain, Advocate.
Mr. Kushagra Kumar for Mr. Ripu
Daman Bhardwaj, SPP-CBI
Mr. Amit Bansal for DHC
% Date of Decision: 09th January, 2020
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
JUDGMENT
MANMOHAN, J:- (Oral)
CRL. M.A. 284/2020 (exemption)
Allowed, subject to just exceptions.
Accordingly, present application stands disposed of.
W.P.(CRL) 53/2020 & CRL. M.A. 282/2020
1. Present writ petition has been filed seeking quashing of the entire
proceeding arising from FIR No. RC-28(A)/2007-DLI/CBI (CHINAR
CGHS) pending before Sh. Virender Bhat, learned Special Judge, Rouse
Avenue Court, Delhi PS CBI and the Notification No. F. 6(33)/2009-
JUDL./1125-1131 dated 15th September, 2010 issued by the Hon'ble
Lieutenant Governor of NCT of Delhi conferring powers of Special Court
under Section 3 of the Prevention of Corruption Act, 1988 (for short 'Act,
1988') to each and every officer of the Delhi Higher Judicial Services
primarily on the grounds that the impugned notification had not been issued
in accordance with Section 3 of the Act, 1988 and the learned Special Judge,
Rouse Avenue Court was acting without jurisdiction.
2. It is pertinent to mention that the learned Predecessor Division Bench
of this Court in W.P.(C) 10066/2004 had directed the CBI to conduct a
thorough investigation in all matters of 135 Cooperative Societies on 02 nd
August, 2005.
3. In pursuance to the said order, the impugned FIR dated 31st July, 2007
was registered under Section 120B read with Sections 420, 471 IPC and
Section 13(1)(d)/13(2) of the Act, 1988.
4. Charge-sheet in the aforesaid FIR was filed by the CBI before the
Special Judge on 31st March, 2009.
5. The impugned Notification dated 15th September, 2010 was issued by
the Hon'ble Lieutenant Governor of NCT of Delhi conferring powers of
Special Court to each and every officer of the Delhi Higher Judicial Services
under Section 3 of the Act, 1988.
6. The petitioner was charge-sheeted under Section 120B IPC read with
Sections 13(1)(d) and 13(2) of the Act, 1988 read with Sections 420, 468
and 471 IPC apart from other offences vide order dated 23 rd December,
2010.
7. Presently, the case is at the stage of final arguments and the matter is
now fixed for remainder arguments before the trial Court on 27 th January,
2020.
8. Since the present case is already part-heard and at the stage of final
arguments, this Court is not inclined to invoke its extraordinary writ
jurisdiction under Articles 226, 227 and Section 482 Cr.P.C. at this stage.
9. Further, in the present case, the vires of the parent statute i.e. Act,
1988 is not challenged. It is settled law that even Tribunals have the power
to test the vires of subordinate legislations and rules including notifications.
[See: L. Chandra Kumar vs. Union of India, (1997) 3 SCC 261].
10. Consequently, the present writ petition and application are disposed of
with liberty to the petitioner to raise all its pleas (including the plea of lack
of jurisdiction) before the trial Court, who shall consider the same while
disposing of the matter finally. It is clarified that rights and contentions of
all parties are left open.
MANMOHAN, J
SANGITA DHINGRA SEHGAL, J
JANUARY 09, 2020
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