K.A.SWAMI AG.J. - (1.) THIS Writ Petition is preferred against the order dated 14.1.1992 passed in W.P.No. 19540 of 1985. The appellants are the petitioners in the Writ Petition.
(2.) IN the Writ Petition, the petitioners sought for issue of a Writ of Certiorari or any other appropriate Writ to quash the Notification No. 682, dated 2 -9 -1982 (Ann. A) and also the Notification No. 696 dated 10 - 9 -1982 (Ann. B) issued by the State of Karnataka. The petitioners also further prayed for issue of a Writ in the nature of prohibition directing the Presiding Officer, Special Court (Economic Offences), Bangalore, from proceeding further in C.C.No. 72/85. The learned single Judge has rejected the Writ Petition on the ground that the offences punishable under the various Central Enactments mentioned in the Notification dated 10.9.1982 are triable by the Court established under the Code of Criminal Procedure. Therefore, merely because the Court is called a Special Court it is not possible to hold that an enactment of Parliament is necessary to create such a Court; whereas, in substance, it is only re -assigning or re -allocation of the work to the Special Court.
(3.) IT is contended on behalf of the appellants that the offences are created under Entry 95 of List -I under the Central enactments; therefore, the Parliament alone is competent to confer jurisdiction on the Special Court because the offence is created by the Parliament under the Central Enactments; that the State Government is not competent to create a Special Court. It is further submitted that the learned single Judge has not considered this contention even though it was specifically raised and urged in the Writ Petition.;