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Wednesday, Nov 19, 2003

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Highlights of Judgment

  • Special Court to be set up under Prevention of Corruption Act by State of Karnataka in consultation with Chief Justice of Karnataka High Court

  • Karnataka to appoint Special Judge within a month

  • Public Prosecutor with experience to be appointed within six weeks by Karnataka in consultation with Chief Justice of Karnataka High Court

  • Trial to start in Bangalore as soon as possible and to be conducted on day to day basis

  • Investigating agency must render all assistance to Public Prosecutor

  • Special Judge to proceed with cases from such stage as he deems fit under law

  • Public Prosecutor at liberty to recall witnesses who had been recalled and resiled from their previous statements; to apply to have these witnesses declared hostile; and to apply for action in perjury (64 of the 76 witnesses recalled went back on their statements)

  • State of Tamil Nadu to ensure transfer of all documents and records to Special Court as soon as it is constituted

  • Tamil Nadu to ensure production of witnesses before Special Court whenever required

  • Karnataka to provide protection to witnesses who ask for protection

  • All accused shall personally appear in court for answering questions under Section 313 of Cr.P.C.

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