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Madras High Court issues state-wide directions to enforce the two-year trial deadline in corruption cases

Madurai Bench of the Madras High Court1 min readPublished
Illustration: Supreme Court of India

Hearing a petition by an accused seeking speedy trial in a Prevention of Corruption Act case pending since 2023 with only two witnesses examined, the Madurai Bench of the Madras High Court (Justice B. Pugalendhi) read Section 4(4) of the Prevention of Corruption Act, 1988, which requires Special Judges to hold trials, as far as practicable, on a day-to-day basis and to conclude them within two years, recording reasons for any extension. The Court impleaded the State Home Department, the Director of Prosecution and the Registrar General suo motu and called for reports, which showed 2,484 corruption cases pending across Tamil Nadu and Puducherry, with exclusive Special Courts functioning in only eight of the State's districts; elsewhere, cases are tried by Principal District and Sessions Judges alongside their regular workload. The Court held that Section 4(4)'s mandate cannot be met by merely directing trial courts to finish cases in two years; the judicial establishment itself must be organised to make this possible, and the State shares that responsibility with the judiciary.

It directed the Registrar General to pursue the pending proposal to also designate Additional Sessions Courts as Special Courts (since Section 3 of the Act allows Special Judges to be drawn from Additional, not only Principal, Sessions Judges), the Government to examine setting up more exclusive Special Courts, and both the Government and Vigilance Department to ensure adequate infrastructure and prosecuting staff. The individual petitioner's trial was directed to conclude within six months.

Quick check
Under Section 4(4) of the Prevention of Corruption Act, 1988, within what period must a Special Judge, as far as practicable, endeavour to conclude a trial?
  1. One year
  2. Two years
  3. Four years
  4. Six months
Show the answer ↓

Answer: B. Section 4(4), as quoted in the judgment, requires an endeavour to conclude the trial within two years, extendable (with recorded reasons) up to an aggregate of ordinarily four years; the judgment separately directed the petitioner's own trial to conclude within six months as case-specific relief.

Source document

Issued by Madurai Bench of the Madras High Court. If this summary and the source differ, the source is right — tell us and we will correct it.

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