Special Court can decide civil suit when criminal trial pending: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, March 8

A Special Court constituted under the Electricity Act has the jurisdiction to entertain, try and decide civil suits only when criminal trials are pending before it, the Punjab and Haryana High Court has held.

The ruling by Justice Anil Kshetarpal came on a bunch of two appeals by the Punjab State Power Corporation Limited and the Dakshin Haryana Bijli Vitran Nigam among other appellants. The question for adjudication before Justice Kshetarpal’s Bench was whether the Special Court constituted under Section 153 of the Act has the jurisdiction to entertain, try and decide a civil suit even when no criminal trial was pending for electricity theft and other offences under Section 135 to 140 and Section 150 of the Act.

Justice Kshetarpal asserted careful reading of Section 153 made it evident that the provision for establishing the Special Courts was made for providing speedy trial of offences referred in Section 135 to 140 and Section 150 of the Act. While Section 135 provided for “the constituents of the theft of energy”, Section 136 provided for the theft of electric lines and material. Section 150 provided that whosoever abetted an offence punishable under the Act would also be liable to be punishable for having committed an offence.

The case has its genesis in a consumer’s application seeking a decree of declaration that checking report and assessment order demanding Rs 93, 918 was unlawful and illegal. The Special Court vide judgment dated March 16, 2021, declared the report and assessment order illegal after holding that the petition was maintainable as the plaintiff was established to be a consumer.

Justice Kshetarpal asserted Section 154 conferred jurisdiction on the Special Court to determine the civil liability against a consumer or a person in terms of money for theft of energy, only when criminal trial was pending. Sub-Section 5 further provided that such orders passed by the Special Court would be executed against the judgment debtor, as if it were a decree of the Civil Court. Sub-Section 6 provided that the excess amount would be liable to be refunded, along with interest, if the civil liability so determined by the court was less than the amount deposited by the consumer of a person’s domestic electricity connection.

Justice Kshetarpal ruled: “Section 155 again provides that the Special Court shall be deemed to be a Court of Session and shall have all the powers of a Court of Session. It nowhere provides that it shall have powers of Principal Civil Court of the District.” Justice Kshetarpal added a conjoint reading of Sections 153, 154 and 155, showed that the power to determine civil liability was dependant on criminal trial’s pendency.

Conjoint reading of Sections 153, 154 & 155

Section 155 again provides that the Special Court shall be deemed to be a Court of Session and shall have all the powers of a Court of Session. It nowhere provides that it shall have powers of Principal Civil Court of the District. Justice Anil Kshetarpal, Punjab and Haryana High Court