Prosecution under Benami Act stuck

Why it is in news?
  • The prosecution of accused persons in almost 100 confirmed cases instituted under the Benami Transactions (Prohibition) Act has been scuttled as the special courts meant for the purpose have not yet been set up across the country.
  • Assets worth more than Rs. 5,000 crore have been attached by the Income-Tax Department under the law.
  • The Act provides that the Central government, in consultation with the Chief Justice of the respective High Courts, will establish special courts through notification. Such courts are to be constituted to ensure that the trials are conducted “as expeditiously as possible”.
  • Every endeavour shall be made by the special court to conclude the trial within six months from the date of filing of the complaint.
  • However the required special courts have not been set up yet.
  • Therefore, despite the fact that investigations in almost 100 cases have been completed by the I-T Department in different States, including confirmation of attachment of properties by the Adjudicating Authority, the prosecution of accused persons has not started.
About Act

Source
The Hindu




Posted by Jawwad Kazi on 3rd Aug 2018