DR V K RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In all these cases, main questions to be considered are common. Validity of the Criminal Law (Amendment) Ordinance, 1944 (hereinafter referred to as 'the Ordinance') and jurisdiction of District Judge under the Ordinance after enactment of the Prevention of Corruption Act, 1988 (in short 'P.C. Act') are the main questions to be considered in these cases. In Crl. Appeal No. 1400 of 2007 appellant was facing investigation for the case registered against him for the offence punishable under Section 13(2) read with Section 13(1)(e) of the P.C. Act alleging that the appellant had amassed wealth disproportionate to his income. The check period is 1-1-1994 to 12-5-2005. While the investigation was continuing, an application was filed by the Investigating Officer before the District Court for attachment of his properties invoking provisions of Sections 3 and 5 of the Ordinance. The District Court passed an order attaching certain properties scheduled in the petition. When the case came up for admission, after admitting the appeal, referred the case to Division Bench as some important questions of law are involved in this case. When petition for attachment was filed under the above Ordinance, preliminary objection was filed to decide the question of maintainability of the petition by the petitioners in Crl. M.C. No. 2526 of 2007. That petition was dismissed. After that order, the above Crl. M.C. was filed under Section 482 of the Code of Criminal Procedure. The very same petitioners applied for production of certain documents. Those petitions were dismissed. Hence, they again filed Crl. M. C. No. 2559 of 2007. Since criminal appeal involving almost similar points were referred to the Division Bench, these criminal miscellaneous petitions were also referred to the Division Bench.

(2.) According to the learned single Judge, following questions are to be answered by the Division Bench :

(3.) Questions (iii), (iv) and (v) mainly deal with validity of the Ordinance. Hence, we shall answer those questions initially. In view of Article 372 of the Constitution, all the law in force immediately before the commencement of the Constitution shall continue in force until altered according to law. Article 366(10) of the Constitution defines 'existing law' as follows :