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8. The appellant in SLP (Crl.) No.4338 of 2015 is named as co-accused inter alia for offence of conspiracy along with a public servant who was charged under the PC Act. It approached the High Court with the plea of lack of jurisdiction of the Special Judge to deal with the case against it after the death of the public servant. The High Court repelled the said contention and dismissed the petition. The High Court relied upon the judgment of this Court in M/s. Essar Teleholdings Limited Vs. Registrar General, Delhi High Court and Others 2 wherein it was held that 1 Order dated 23.09.2013 in Criminal Misc. Application U/s 482 No.33050 of 2013 2 2013 (8) SCC 1 the Special Judge having been appointed to deal with “all 2G scam” cases, could also deal with cases involving other offences under the PC Act. This is clear from the following discussion in the judgment :

(i) The High Court, or
(ii) Any other court by which such offence is shown in the First Schedule to be triable.”

16. Mr. Prashant Bhushan, learned Counsel for the CPIL, submitted that a Special Judge has the power to try offences under the Indian Penal Code and no challenge can be made against this power. It was further submitted that in view of the order passed by this Court in 2G Scam case, it is not open to the Petitioners to approach any other Court to commence the trial. xxx xxx

24. From the aforesaid second charge-sheet it is clear that the offence alleged to have been committed by the Petitioners in the course of 2G Scam Cases. For the said reason they have been made accused in the 2G Scam Case.

25. Admittedly, the co-accused of 2G Scam case charged under the provisions of Prevention of Corruption Act can be tried only by the Special Judge. The Petitioners are co-accused in the said 2G Scam case. In this background Section 220 of Code of Criminal Procedure will apply and the Petitioners though accused of different offences i.e. under Section 420/ 120-B Indian Penal Code, which alleged to have been committed in the course of 2G Spectrum transactions, under Section 223 of Code of Criminal Procedure they may be charged and can be tried together with the other co-accused of 2G Scam cases.

In the present case, as admittedly, co-accused have been charged under the provisions of the PC Act, and such offence punishable under the PC Act, the NCT of Delhi is well within its jurisdiction to issue Notification(s) appointing Special Judge(s) to try the 2G Scam case(s).

30.2. Article 233 and 234 of the Constitution are attracted in cases where appointments of persons to be Special Judges or their postings to a particular Special Court are involved. The control of High Court is comprehensive, exclusive and effective and it is to subserve a basic feature of the Constitution i.e., independence of judiciary. [See High Court of Judicature for Rajasthan v. Ramesh Chand Paliwal and High Court of Orissa v. Sisir Kanta Satapathy. The power to appoint or promote or post a District Judge of a State is vested with the Governor of the State under Article 233 of the Constitution which can be exercised only in consultation with the High Court. Therefore, it is well within the jurisdiction of the High Court to nominate officer(s) of the rank of the District Judge for appointment and posting as Special Judge(s) under Sub-section (1) of Section 3 of the PC Act. 30.3. In the present case, the Petitioners have not challenged the nomination made by the High Court of Delhi to the NCT of Delhi. They have challenged the letter dated 15th March, 2011 written by the Registrar General, High Court of Delhi, New Delhi to the District Judge-I-cum-Sessions Judge, Tis Hazari Courts, Delhi and the District Judge-IV-cum-Addl. Sessions Judge, I/C, New Delhi District, Patiala House Courts, New Delhi whereby the High Court intimated the officers about nomination of Mr. O.P. Saini, an officer of Delhi Higher Judicial Service for his appointment as Special Judge for 2G Scam Cases.