Send proposal to govt on posting officer as CJM in court

: Madras High court has directed the Registry to immediately send a proposal to the government on posting an officer as Chief Judicial Magistrate in a particular court,for being notified as Special Judge under Prevention of Corruption Act (PCA).
The government should notify the said officer without any delay, Justice S Nagamuthu said.
He gave the direction on a petition by one R Pandian, an Assistant Engineer charged with receiving Rs 1,000 as bribe, who sought quashing of proceedings in the trial court, saying his case had been dragging on for 14 years and denial of speedy trial was denial of fundemental right.

Director in charge of Vigilance and Anti corruption submitted the report which said that the case could not be conducted between Aug 2013 and Feb 2014 as the presiding officer of the court, appointed as CJM at Pudukottai, was not notified as Special judge under PCA.
The report also said that the post of Deputy Legal Advisors who handled anti-corruption cases was vacant in many courts and only seven DLAs were managing 26 courts.
DVAC had sent a proposal to government, seeking creation of 17 additional DLA posts and 3 Additional Legal Advisors (ALAs) posts, it said.

Meanwhile the Additional Advocate General submitted that the DVAC proposal for appointment of DLAs and ALAs was under the consideration of the Government.

The Judge recorded the AAG's submissions. He pointed out that as per DVAC records, 1901 corruption cases are pending as on June 2015.It was due to non availability of DLAs the trial could not be conducted, leading to stagnation.
The Judge relating to this case said there was delay in notifying the CJM and special judge,and this was one of the causes of delay in the case filed by pudukottai DSP of DVAC.
To avoid such delays the HC Registry should send the roposals immediately on posting of an officer in a particular court, on receipt of which, government should immediately notify the officer under Prevention of Corruption Act.

The judge also directed to fill up all posts of DLAs as corruption was a menace to society like cancer to the human body. The government had said it shall create seven additional posts of DLAs and three ALAs posts in three months and should ensure that there was one DLA for each court.
He said there was delay on the part of the petitioner also who filed discharge petition and also appealed against the dismissal of the same.
The charge against the petitioner was serious and hence he was not inclined to quash it, the judge said.
He said government should expedite the trial and all witnesses should be produced in six weeks and examined.

The Petitioner should not take unnecessary adjournments. After the completion of witnesses, the trial court should dispose the case in six weeks.