UNION OF INDIA Vs. RANJIT KUMAR SAHA

JUDGEMENT

(1.) This intra court appeal is directed against the common order dated 10.2.2017 passed by the learned Single Judge of this Court, whereby he has allowed respondents' W.P.(C) Nos. 7950/2016 and 7963/2016.

(2.) Respondent No. 1 and Respondent No. 2 are posted as Subedar and Naib Subedar, respectively in the Assam Rifles (Building & Roads). On 4.8.2014, in a sting operation, Respondent No. 1 was caught attempting to accept bribe of Rs. 20,000/- from one contractor of Assam Rifles, namely, Sri CC Mathew. And, on 11.8.2014, Respondent No. 2 was caught accepting Rs. 1,03,000/- as bribe from the same contractor. The sting operation was later broadcasted in Malayalam Channel Mathrubhumi News and Tehelka.com on 24/25 September, 2014. These incidents were taken seriously by the appellants and General Assam Rifles Court (in short "GARC") was constituted to prosecute the respondents. Accordingly, charges were framed against them under Sections 49 and 55 of the Assam Rifles Act, 2006, (in short "Act of 2006") punishable under Section 7 of the Prevention of Corruption Act, 1988 (in short "Act of 1988").

(3.) During the course of trial, the respondents challenged the jurisdiction of GARC by filing W.P.(C) Nos. 7950/2016 and 7963/2016, which the learned Single Judge has allowed by the common impugned order. The learned Single Judge has held that the Court of Special Judge under the Act of 1988 cannot be deemed to be a court of ordinary criminal justice under the Act of 2006 and hence, GARC has no jurisdiction to try the offences charged against the respondents. Aggrieved, the appellants have filed the present appeal.