In a landmark decision, the Kerala High Court allows the transfer of cases involving interconnected offences to ensure trial by the same judge, enhancing judicial efficiency and fairness.
In a significant ruling, the Kerala High Court, presided over by Justice A. Badharudeen, has permitted the transfer of cases involving scheduled offences under the Prevention of Corruption Act, 1988, and offences under the Prevention of Money Laundering Act, 2002, from the Special CBI Court-I, Ernakulam, to the Special CBI Court-II, Ernakulam. This decision was made to facilitate a unified trial by the same judge, acknowledging the interconnected nature of the cases.
The petitioner, Sabu K.S, is the accused in both C.C.No.3/2014, pending before the Special CBI Court-I, and S.C.No.329/2017, pending before the Special CBI Court-II, involving allegations under the Prevention of Corruption Act and the Prevention of Money Laundering Act. The court's decision was influenced by the fact that both Special Courts are duly notified under the relevant statutes to try these offences.
The petitioner argued that both cases involve almost identical allegations and witnesses, making a single judicial oversight crucial for a fair trial. The court, acknowledging the merits of this argument, held that the transfer is permissible under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which allows such transfers in the interest of justice.
The Central Bureau of Investigation, represented by the Special Public Prosecutor, opposed the transfer, citing procedural requirements under the PML Act and BNSS. However, the court clarified that the procedural provisions do not bar a direct approach to the High Court for transferring cases between Special Courts, especially when both courts are equipped to handle the interconnected offences.
This ruling underscores the Kerala High Court's commitment to judicial efficiency and fairness by ensuring that cases involving interconnected issues are tried together. It also highlights the court's willingness to interpret statutory provisions in a manner that facilitates justice and convenience for all parties involved.
Bottom line:-
Transfer of case between Special Courts under the Prevention of Corruption Act, 1988 and Prevention of Money Laundering Act, 2002 is permissible in the interest of justice, provided both courts are notified under relevant statutes.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 447, Prevention of Money Laundering Act, 2002 Section 44
Sabu K.S v. Central Bureau of Investigation, (Kerala) : Law Finder Doc id # 2898464
