- (1.) Corruption, a 'noun' when assumes all the 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 ahead with perverted proclivity - sans concern, sans care for collective interest, and irrefragably without conscience. In a way, corruption becomes a national economic terror. This social calamity warrants a different control and hence, the legislature comes up with special legislation with stringent provisions. The law having been enacted, there is a challenge to the constitutionality of the provisions. That is the subject matter of these appeals, for the judgments rendered by the High Courts of Orissa and Patna are under assail herein.
(2.) Leave granted in Special Leave Petition (Criminal) No. 4558 of 2012, Special Leave Petition (Criminal) No. 3084 of 2013 and Special Leave Petition (Criminal) No. 3085 of 2013.
(3.) In this batch of appeals, by special leave, we are called upon to deal with the legal substantiality of the judgments rendered by the High Court of Judicature of Orissa at Cuttack and the High Court of Judicature at Patna upholding the constitutional validity of the Orissa Special Courts Act, 2006 (for brevity, "the Orissa Act") which has been assented to by the President of India on 19.9.2007 and published in Extraordinary Orissa Gazette on 15.10.2007; and the Bihar Special Courts Act, 2009 (for short, "the Bihar Act"), respectively. We are also required to consider the validity of an aspect of Bihar Special Court Rules, 2010 (for short, "the 2010 Rules"). May it be stated though the High Court has noted the same and made certain observations yet has not proceeded to deal with the validity of the Rule in question.;