Kerala - Kochi   

District courts can attach properties

Kochi: A Division Bench of the Kerala High Court on Friday held that district courts had been vested with the power to order attachment of property of a person who is charged with the offences punishable under the Prevention of Corruption Act.

The Bench comprising Justice J.B. Koshy and Justice K. Hema gave the ruling while dismissing petitions filed by V.K. Rajan, former director of the Health Services and R. Rajendra Prasad, former Deputy Transport Commissioner, Thrissur and two others against the attachment of their properties ordered by the Thrissur and Ernakulam district courts.

The Bench observed that the Special Court had been empowered to attach properties while trying the offences and not at the pre-trial or post-trial stage. The court also held that it was not necessary that the property to be attached should fall within the purview of the district courts which passed the attachment orders.

The properties of petitioners were attached following the registration of disproportionate asset case against them.

The Bench while upholding the Criminal Law Amendment Ordinance 1944 observed that as per Article 372 of the Constitution, all the laws in force immediately before the commencement of the Constitution shall be in force till they were repealed or altered. The ordinance had given district courts the power of attachment of properties.

The petitioners had contended that only the Special Court trying corruption cases had the power to order properties attached. They had said that the ordinance was invalid since it was promulgated before the commencement of the Constitution.

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