HYDERABAD: Justice Vijaysen Reddy of the Telangana High Court on Friday took on file a writ petition on whether a delay in the conduct of a case under Prevention of Corruption Act, 1988 (PC Act) will stand abated. An accused state government deputy executive engineer pointed out the provision of Section 4 of the PC Act. Apart from stating that he was needlessly trapped and there was no basis for making allegations under the PC Act, he referred to its amended provisions.
Senior counsel L. Ravichander pointed out that Parliament had envisaged that the special judge trying a case under the PC Act must complete the trial within four years and during the interregnum must record reasons for not completing the trial once every six months.
Senior counsel pointed out the docket sheet which showed that the law was followed in its breach. He argued that the judge hearing the case is a creation of a statue, and his powers are limited by the contours of the statue. Independent of the ramifications, the intent of Parliament will have to be given affect to.
Ravichander said that there was an assumption in favour of the validity of the statue and in criminal law every accused was entitled to the liberal benefits of interpretation. The judge accordingly required the sessions court to defer further proceedings in the matter for a period of four weeks.
