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2018 DIGILAW 87 (MEG)

R. A. Shukla v. Central Bureau of Investigation

2018-12-04

MOHAMMAD YAQOOB MIR

body2018
JUDGMENT : Mohammad Yaqoob Mir, J. 1. Two criminal appeals being Crl. A. No. 173 of 2001 and Cr. A. No. 192 of 2010 (Guwahati) were pending before the Gauhati High Court. Vide order dated 18.04.2018 recorded thereon, Registry of Gauhati High Court was to look into the matter i.e. as to whether in view of Order No. 14 dated 06.03.2013 issued on administrative side, the said appeals were required to be transferred to High Court of Meghalaya or were required to be heard in Gauhati High Court (Principal Seat). In compliance whereof, Registry of Gauhati High Court on administrative side had prepared a report, Hon'ble Chief Justice of Gauhati High Court has approved the report for transfer of both the criminal appeals to High Court of Meghalaya. 2. Both the appeals along with the records were received by the Registry of this Court, report prepared on administrative side was approved and both the appeals were listed and taken up on judicial side. 3. When both the appeals were taken up for consideration on 25.09.2018, learned counsel for the appellants pointed out that this Court has no jurisdiction because occurrence had taken place within the territorial jurisdiction of Gauhati High Court, trial was substantially held by Special Judge at Guwahati. However, the case was transferred to Special Judge, Shillong by Gauhati High Court which was the common High Court at that point of time for North Eastern States including Meghalaya. Finally, prayed that the Gauhati High Court has exclusive jurisdiction. Learned counsel for the respondent on that date sought time. Finally, on next date submissions regarding jurisdiction were heard. 4. Basically, a case was registered by Central Bureau of Investigation (CBI) regarding offence allegedly committed at Oil and Natural Gas Commission (ONGC), Sibsagar, Assam for commission of offences under Sections 120B/420/468/477 IPC and Section 5 (2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. On completion of investigation, charge-sheet was submitted before the Court of Special Judge, CBI, Guwahati. As against three accused persons, now one accused is stated to be dead. Major portion of trial was held by Special Judge, CBI, Guwahati. In the year 1995, Presiding Officer projected disablement as a result whereof, on 31.08.1995 the Gauhati High Court transferred the case to the Court of Special Judge, Shillong. 5. As against three accused persons, now one accused is stated to be dead. Major portion of trial was held by Special Judge, CBI, Guwahati. In the year 1995, Presiding Officer projected disablement as a result whereof, on 31.08.1995 the Gauhati High Court transferred the case to the Court of Special Judge, Shillong. 5. Trial ended in conviction of all three accused which include present two appellants and were also sentenced. Aggrieved whereof, accused R.A. Shukla filed the appeal before the Gauhati High Court bearing No. 173 of 2001, whereas, another accused Binod Kumar Singhi filed the appeal before Shillong Bench of Gauhati High Court. However, an application was filed by the learned counsel for R.A. Shukla (appellant) in appeal No. 173 of 2001 for transfer of the appeal filed by Binod Kumar Singhi before the Shillong Bench of Gauhati High Court. Based on which, Registry of Gauhati High Court had prepared a report, Crl. A. No. 2 (SHG) of 2001 from Shillong Bench was transferred to Principal Seat (Guwahati). As such, both the appeals were pending before Gauhati High Court. 6. Up to 2012, Gauhati High Court was a common High Court for North Eastern States having its Benches which include Shillong Bench. Separate High Courts for the State of Meghalaya, Manipur and Tripura were established. The North-Eastern Areas (Reorganization) and Other Related Laws (Amendment) Act, 2012 came into force. Sections 28A to 28K were inserted, after Section 28 of the North-Eastern Areas (Reorganization) Act, 1971. Subsection (1) of Section 28-I of the Amended Act provides that Common High Court shall, as from the commencement of North-Eastern Areas (Reorganization) and Other Related Laws (Amendment) Act, 2012, have no jurisdiction in respect of the States of Meghalaya, Manipur and Tripura. Whereas, Section 28-I (I) & (2) provides that such proceedings pending in the common High Court immediately before the commencement of Amended Act of 2012, having regard to the place of accrual of the cause of action and other circumstances which ought to be heard and decided by the High Court of Meghalaya or High Court of Manipur or High Court of Tripura, as the case may be after such certification, be transferred to the respective High Courts. 7. 7. In view of the said position, on administrative side Order No. 14 dated 06.03.2013 was passed by the Hon'ble Chief Justice as issued by the Registrar General providing that all pending as well as disposed of case records, pertaining to Agartala, Imphal and Shillong Benches, which are lying at the Principal Seat of the common High Court be transmitted to the respective Benches forthwith. 8. The records of the present appeals were not transmitted to this Court till 2018. However, when the matter was considered by the Gauhati High Court on 18.04.2018, Registry was asked to look into the matter as to whether in view of Order No. 14 dated 06.03.2013, these appeals are to be heard by the Gauhati High Court or High Court of Meghalaya. Then on administrative side, in view of Order No. 14 dated 06.03.2013, the appeals along with case records were transmitted to this Court. 9. For appreciating the point in issue i.e. as to whether the records of these appeals as well as the appeals were required to be transmitted to this Court, it shall be quite relevant to quote subsection (1) and (2) of Section 28-I of the Amended Act of 2012:- "28 (I) Transfer of proceedings from common High Courts to the High Courts of Meghalaya, Manipur and Tripura:- (1) Except as hereinafter provided, the common High Court shall, as from the commencement of North-Eastern Areas (Reorganization) and Other Related Laws (Amendment) Act, 2012, have no jurisdiction in respect of the States of Meghalaya, Manipur and Tripura. (2) Such proceedings pending in the common High Court immediately before the commencement of the North-Eastern Areas (Reorganization) and Other Related Laws (Amendment) Act, 2012 as are certified, whether before or after that day, by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be, shall, as soon as may be after such certification, be transferred to the High Court of Meghalaya or the High Court of Manipur or the High Court of Tripura, as the case may be." 10. The wording employed in sub-Section (2), "having regard to the place of accrual of the cause of action and other circumstances" assumes significance i.e. question of jurisdiction is linked with the place of occurrence. Place of occurrence admittedly is Sibsagar, Assam which falls within the territorial jurisdiction of Gauhati High Court. 11. Therefore, in the light of sub-section (2) of Section 28-I of the Amended Act of 2012, these appeals as well as the records were not required to be transmitted to this Court. Purportedly it is in the same background when on administrative side Order No. 14 dated 06.03.2013 was passed as issued by the Registrar General of Gauhati High Court, these appeals and records were not transmitted to this Court. 12. Therefore, both the appeals along with records as received shall be transmitted back forthwith to the Registry of Gauhati High Court so that the matter may not get prolonged any more. Index of these two appeals be prepared and with a copy of this order placed thereon, be consigned to the records.