YOGENDRA KUMAR JAISWAL ETC. versus STATE OF BIHAR & ORS.

Citation: [2015] 14 S.C.R. 1037 · Decided: 10-12-2015 · Supreme Court of India · Bench: ANIL R. DAVE · Disposal: Disposed off
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Judgment (excerpt)

[2015] 14 S.C.R. 1037 
YOGENDRA KUMAR JAISWAL ETC. 
v. 
STATE OF BIHAR & ORS. 
(Civil Appeal Nos. 6448-6452 of 2011) 
DECEMBER 10, 2015 
[ANIL R. DAVE AND DIPAK MISRA, JJ.] 
A 
B 
Orissa Special Courts Act, 2006 - Constitutionality of-
Accumulation of extensive properties disproportionate to the 
known sources of income by persons who had held or are C 
holding high political and public offices - Special Courts 
under the Act for speedy trial for certain class of offences 
and for confiscation of properties - Held: The Orissa Special 
Courts Act is not hit by Art. 199 of the Constitution -
Constitution of/ndia-Art.199. 
D 
Orissa Special Courts Act, 2006 - Special Courts 
under - Establishment of - Held: The establishment of 
Special Courts under the Orissa Special Courts Act is not 
violative of Art. 247 of the Constitution- Constitution of India-
E 
Art. 247. 
Bihar Special Courts Act, 2009 - Special Courts 
under - Establishment of - Held: The establishment of 
Special Courts under the Bihar Special Courts Act is not 
violative of Art. 247 of the Constitution- Constitution of India -
F 
Art. 247. 
Orissa Special Courts Act, 2006 - ss. 5 and 6 -
Provisions pertaining to declaration and effect thereof- Held: 
The provisions pertaining to declaration and effect of 
declaration as contained in ss.5 and 6 of the Orissa Special G 
Courts Act, and the Bihar Special Courts Act, are 
constitutionally valid as they do not suffer from any 
unreasonableness or vagueness- Bihar Special Courts Act, 
2009. 
H 
1037 
.1038 
SUPREME COURT REPORTS 
[2015] 14 S.C.R. 
A 
Orissa Special Courts Act, 2006 -
Chapter Ill -
Confiscation ofproperty or money or both- Held: Chapter 111 · 
of the both the Acts, namely, Orissa Special Courts Act and 
Bihar Special Courts Act, 2009, providing for confiscation of 
property or money or both neither violates Article 14 nor 
B Article 20(1) nor Article 21 of the Constitution - Constitution 
of India -Arts. 14, 20(1) and 21. 
Bihar Special Courts Act, 2009 -
Chapter Ill -
Confiscation of property or money or both - Held: Chapter Ill 
of the both the Acts, namely, Orissa Special Courts Act, 2006 
C and Bihar Special Courts Act, providing for confiscation of 
property or money or both neither violates Article 14 nor 
Article 20( 1) nor Article 21 of the Constitution - Constitution 
of India-Arts. 14, 20(1) and 21. 
0 
Orissa Special Courts Act, 2006 -
Procedure for 
confiscation and proceedings before the Authorised Officer 
- Held: The procedure provided for confiscation and the 
proceedings before the Authorised Officer do not cause any 
discomfort either to Article 14 or to Article 20(3) of the 
E Constitution - Bihar Special Courts Act, 2009 - Constitution 
oflndia-Arts. 14 and 20(3). 
Orissa Special Courts Act, 2006 - Provision relating to 
appeal - Held: The provision relating to appeal in the Act is 
treated as constitutional on the basis of reasoning that the 
F power subsists with the High Court to extend the order of stay 
on being satisfied. 
Bihar Special Courts Act, 2009 - Provision relating to 
appeal - Held: The provision relating to appeal in the Act is 
treated as constitutional on the basis of reasoning that the 
G power subsists with the High Court to extend the order of stay 
on being satisfied. 
H 
Orissa Special Courts Act, 2006 - s.18(1), proviso -
Held: The proviso to s.18(1) of the Orissa Special Courts Act 
YOGENDRA KUMAR JAISWAL ETC. v. STATE OF BIHAR 1039 
does not fall foul of Art.21 of the Constitution - Constitution 
A 
oflndia -Art. 21. 
Orissa Special Courts Act, 2006 - s.19 - Held: The 
provisions contained in s. 19 pertaining to refund of 
confiscated money or property does not suffer from any kind 
of unconstitutionality. 
B 
Bihar Special Courts Rules, 2010 - r.12(a) and (f) -
Held: Sub-rules (a) and (f) of r.12 of the BiharSpecial Court 
Rules being violative of the language employed in the Bihar 
Special Courts Act are ultra vires-Anything contained therein c 
pertaining to the summary procedure is also declared as ultra 
vires the Bihar Special Courts·Act - Bihar Special Courts 
Act, 2009. 
Disposing of the appeals, the Court 
HELD:1. Corruption, a 'noun' when assumes all the D 
characteristics of a 'verb', becomes self-infective and 
also develops resistance to antibiotics. In such a 
situation the disguised protagonist never puts a 
Hamletian question - "to be or not to be" - but marches E 
ahead with perverted proclivity - sans concern, sans 
care for collecti
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