Supreme Court Dismisses Union of India's Appeal in Assam Rifles Corruption Case. The Court held that the General Assam Rifles Court cannot try an offence under Section 7 of the Prevention of Corruption Act, 1988, as the Assam Rifles Act, 2006 is not exempted under Section 25 of the PC Act.

Civil appeal against High Court judgment declaring that the General Assam Rifles Court cannot try an offence under the Prevention of Corruption Act.

The appellants (Union of India) sought to set aside the High Court judgment and allow the GARC to proceed with the trial of the respondents under the PC Act.

The respondents were charged with corruption under Section 7 of the PC Act, and the GARC rejected their preliminary objection that it lacked jurisdiction. The High Court allowed the respondents' writ petition, holding that only a Special Judge under the PC Act can try the offence.

The learned Single Judge of the Guwahati High Court allowed the writ petition, declaring that the GARC cannot try an offence under the PC Act. The Division Bench dismissed the appeal against that judgment.

Whether the General Assam Rifles Court (GARC) has jurisdiction to try an offence punishable under Section 7 of the Prevention of Corruption Act, 1988. Whether the Assam Rifles Act, 2006 is exempted from the operation of the PC Act under Section 25 of the PC Act.

Appellants (Union of India): The GARC has jurisdiction to try civil offences under Sections 55 and 56 of the 2006 Act, and the PC Act does not oust its jurisdiction. The 2006 Act falls within the sweep of Section 25 of the PC Act via S.R.O. 318 under the Army Act. Respondents: The 2006 Act is not mentioned in Section 25 of the PC Act, and only a Special Judge under the PC Act can try offences under that Act. The GARC has no jurisdiction.

The General Assam Rifles Court (GARC) lacks jurisdiction to try an offence under the Prevention of Corruption Act, 1988 because the Assam Rifles Act, 2006 is not included in Section 25(1) of the PC Act, which exempts certain Acts from its operation. The GARC has not been declared a court of special Judge under the PC Act. Therefore, only a Special Judge appointed under Section 3 of the PC Act can try offences under that Act.

The High Court was of the considered view that the jurisdiction exercisable by the Courts or other 'Authorities' mentioned in Section 25 is not affected by the PC Act. It is clear from the above provisions that any member of the Assam Rifles shall be liable to be tried by the GARC for committing a civil offence which means an offence which is triable by a criminal court. We are not in agreement with the submission made by the learned Additional Solicitor General that the Appellants are entitled to a relief on the basis of Section 25 of the PC Act.

A sting operation in September 2014 led to a Court of Inquiry and charge-sheet under Section 55 of the Assam Rifles Act, 2006 for an offence under Section 7 of the PC Act. The GARC was convened on 10.11.2016. The respondents raised preliminary objections, which were rejected by the GARC on 09.01.2017. The respondents then filed a writ petition in the Guwahati High Court, which was allowed by a learned Single Judge. The Division Bench dismissed the appeal. The Union of India appealed to the Supreme Court, which dismissed the appeal.

• Prevention of Corruption Act, 1988: Section 3, Section 4, Section 5, Section 7, Section 25, Section 28
• Assam Rifles Act, 2006: Section 2(e), Section 2(h), Section 2(r), Section 55, Section 56, Section 90, Section 139
• Assam Rifles Act, 1941: Section 11
• Army Act, 1950: Section 4(1)