Prevention of Corruption Act: Trial to continue after death of public servant, says Bombay HC

The Bombay High Court recently held that a non-public servant accused of corruption charges can be tried under the Prevention of Corruption Act even after the death of the main accused who is a public servant.

According to a CBI case, a postman, a public servant, along with a non-public servant were arrested by the CBI’s anti-corruption agency. During trial, the postman died but the trial against three other accused continued in the special CBI court. When the case came for judgment, the court ordered for the matter to be remanded to a metropolitan magistrate court. The special court transferred the matter to the magistrate court after the defence lawyers and the prosecution told the court that after the death of the main accused, who is a public servant, the provisions of the Prevention of Corruption Act cannot be invoked in the case.

Justice Prakash Deu Naik held that since the charges were framed by the special CBI court against the accused, the same court can conduct the trial and pass the judgment even if the accused are non-public servants accused under the Prevention of Corruption Act. “The special judge shall proceed with the case in accordance with law. The additional chief metropolitan magistrate concerned shall return the case records to the special court,” the court held.

The High Court also in its order said that the special CBI court’s order to remand the case to magistrate court was “unwarranted and contrary to law”.