Law:

Section:

Special Courts for Speedy Trials Act (XV of 1987)-----Ss.2(c), 5 & 7-11 Offence"--- Definition--- "Public interest' Connotation- -Power to transfer the case to Special Court cannot exercised unless the "offence" satisfies the guidelines enumerated the definition-Special Court has to satisfy itself that said guidelines exist to give it the jurisdiction to try the case--Opinion as envisaged in S.2(c) of the Act should be relatable to the guidelines which elemental in the concept of "public interest" and this should appear from the order of transfer of case itself. The word "offence" in section 2(c) of the Special Courts Speedy Trials Act, 1987 means "an offence specified in the Schedule which, in the opinion of the Government, is gruesome, brutal sensational in character or shocking to public morality or has led public outrage or created panic or an atmosphere of fear or anxiety amongst the public or a section thereof". An offence cannot be an offence specified in the Schedule unless it conforms to the guidelines mentioned in section 2(c) of Act. It is the commission of this offence which the Special Court take cognizance of under section 7 of the Act in pursuance 0f report under section 173 of the Code of Criminal Procedure. This, therefore, a duty cast on the Special Court before it takes 'cognizance to satisfy itself that the guidelines exist to give to it jurisdiction to try the case. Reading, therefore, the definition of word "offence" in section 2(c) and section 5 of the Act together conclusion is obvious that unless the "offence" satisfies the guidelines enumerated in the definition, the power to transfer the case can arise in the public interest which is an expression of wide imp and means "general social welfare or regard for social good predicating interest of the general public in matters where a regard for the social good is of the first moment. The opinion, therefore should be relatable to the guidelines which are elemental in the concept of "public interest" and this should appear from the order itself. In the present case while transferring the case from the Court of a competent jurisdiction, there was no consideration of the guidelines which…

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