Jharkhand often juxtaposed with corrupt practices and grand scams has got a brand new gladiator against it in the form of ‘Jharkhand Special Court Bill, 2016’ passed by the Assembly during the just concluded Budget Session. The Bill, after becoming an Act, has specifically empowered judiciary in many ways to deal with the menace and even goes ahead to capture the illegally stashed empire of the corrupt officials. The Pioneer peeps through the provisions.
Why did the Govt decide to set up Special CourtsIJ
Explaining the reason behind such legislation, the Government in the House said that it had sufficient reasons to believe that a large number of retired and serving public servants sitting on top posts have accumulated wealth disproportionate to their known sources of income. The Government is duty bound to tame such persons and thus needed special courts for that purpose since it is not possible through the regular courts.
Who can head Special CourtsIJ
Head of the Special Courts can only be appointed in consultation of the Jharkhand High Court. The person would not be eligible until he is not a senior member of Jharkhand judicial service and has not served as Sessions/Additional Sessions Court Judge.
How the cases of corruption can be referred to Special CourtsIJ
If Government had prima facie evidence that any serving or retired public servant has committed crime under the Prevention of Corruption Act, then it would declare this before the court for its consideration. The Government’s declaration cannot be questioned in the court.
Jurisdiction of Special CourtsIJ
The cases in which warrant can be issued would be conducted by public prosecutors. Special Court can pronounce sentence defined for the crime to the convict.
Moreover, the judgment can be challenged only in the High Court based on merit and act within 30 days. The High Court has power to transfer cases from one Special Court to another. Most importantly, the Special Court would try to settle the case within one year of being instituted. The judges can act based on the evidences recorded even by his predecessors. Confiscation of illegal properties of corrupt officials
Provisions say that the State Government with or without the cognizance taken by Special Court can apply for confiscating the illegal property of any serving or retired public servant, if it believes so. Just it has to be backed by an affidavit explaining the basis of such belief. The official in question would be served a notice within 30 days to defend the source of earning. Immovable properties have to be vacated in 30 days of the notice or rent has to be paid on market rate for limited period only. Force to evict the person can be applied if needed.
Where the official in question can appealIJ
An authorised officer examining the explanation of the show cause would conclude whether the entire or part of the property in question has been smashed illegally. The public servant can appeal to the High Court within 30 days against the decision that would dispose of the case within 6 months.
Restoration of confiscated property
If the High Court or Special Court exonerates the person, both movable and immovable property would be restored to its owner. If it is not possible, then person in question would be paid the value equal to the property with five per cent interest from the date of siege.