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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 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 :

(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.

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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.

30. On the question of validity of the Notification dated 28th March, 2011 issued by the NCT of Delhi and Administrative Order dated 15th March, 2011 passed by the Delhi High Court, we hold as follows:

30.1. Under Sub-section (1) of Section 3 of the PC Act the State Government may, by notification in the Official Gazette, appoint as many Special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try any offence punishable under the PC Act. 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).