State Power to Transfer a Class of Corruption Cases Under Section 205 BNSS.
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Case: GANESH VILASRAO PATIL v. CENTRAL BUREAU OF INVESTIGATION ANTI-CORRUPTION BRANCH AND ORS.
Court: Bombay High Court
Date: 20-07-2026
Law: Bharatiya Nagarik Suraksha Sanhita, Code of Criminal Procedure, Prevention of Corruption Act, Constitution of India.
Highlights of the Judgment:
- Examination of the State Government's power under Section 205 of the Bharatiya Nagarik Suraksha Sanhita to transfer a class of cases.
- Distinction between the High Court's power to transfer individual cases and the State's authority to redirect trials across sessions divisions.
- Interpretation of Sections 3 and 4 of the Prevention of Corruption Act regarding the appointment and jurisdiction of Special Judges.
- Analysis of the non-obstante nature of Section 205 BNSS in overriding ordinary jurisdictional rules under Sections 197 and 198.
- Application of the doctrine of judicial restraint concerning policy decisions made for the expeditious disposal of criminal trials.
- Evaluation of the "hardship to litigants" argument versus the broader public interest in fast-tracking corruption cases.