REGENT COMPUTRONICS PVT. LTD.

KISHORE CHANDRA PATEL Appellant

V/S

STATE OF ORISSA Respondents

Referred Judgements :-

JUDGEMENT

(1.) Ours is a parliamentary democracy. Elections are held in normal course every five years to elect people's representatives to sit either in the Parliament or in the State Legislatures. Various political parties bring out their election manifestos and approach people seeking their support on the basis of promises held out in the manifestos. In the last Parliament election which took place in this State in 1989 as well as the assembly elections which were held in 1990, the people of Orissa were promised by the present Chief Minister, in the background of rampant corruption by persons holding high political and public offices in the State, to take all steps to confiscate the ill-gotten money made by such persons by corrupt means and to utilise such property for the welfare of the State. To fulfill this promise, the Chief Minister, who was also in charge of Home Department and who belongs to the Janata Dal, sent a Bill named "Orissa Special Courts Bill" to the State Assembly on 6-10-1990 after the Janata Dal had won the election in the aforesaid assembly elections in March, 1990. The Bill was introduced on 8-10-1990 and was passed on 12-10-1990. It was sent to the Central Government for obtaining the President's assent, when the Government of India suggested few amendments after obtaining the opinion of the Attorney-General of India. The Bill was accordingly amended by introducing an Amendment Bill in 1992. These Bills received the assent of the President on 9-7-1992 and 24-7-1992 respectively, which came to be published in the form of an Act on 27-7-1992, to be known as the Orissa Special Courts Act, 1990 (Orissa Act 22 of 1992), hereinafter "the Act". The validity of the same came to be assailed within a fortnight of its publication, at O.J.C. No. 5647 of 1992 was filed on 10-8-1992. Four other writ petitions were subsequently filed; these being O.J.Cs. 5757/92, 6756/92, 4231/93 and 4429/93 on different dates between 13-8-1992 and 6-7-1993. Of the nine petitioners, eight are ex-ministers, all of whom belong to the Congress party, which is presently in opposition in the State Assembly. The only other petitioner is presently serving as Superintending Engineer under the State Government. He is concerned with O.J.C. No. 2249/93. As the post of Superintending Engineer belongs to Class I of the concerned service, he is a person holding "high public office" as defined in Rule 2(1)(e) of the Orissa Special Courts Rules, 1993 (or short "the Rules").

(2.) All these petitions assail the validity of the Act on different grounds. Common questions of law having been raised, they were heard together and are being disposed of by this judgement.

(3.) The validity of the Act has been assailed on these grounds :-

Click here to view full judgment.

KISHORE CHANDRA PATEL Vs. STATE

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address