Judgment in Special Court No 2

Judgment in Special Court No 2 A G Noorani THE recent judgment of Justice M L Jain in the Special Court No 2 is as surprising as it is disturbing in its implications. The Court was seized of two cases against Indira Gandhi and others. One, related to the arrest and imprisonment of Bhimsen Sachar (now dead) and seven others who had written to Indira Gandhi protesting against the imposition of Emergency. The other pertained to the alleged bar- assment of four officials detailed to collect information for a question in Parliament regarding the Maruti car project of Sanjay Gandhi. The learned Judge ruled that ''the creation and establishment of this court and the declarations and designations to try the. sa'd cases were not made in accordance with the provisions of the Constitution and are, therefore, of no effect and confer no jurisdiction on this Court".