Update: Special courts – Blurring of boundaries or an unnecessary evil?

In our previous post we had discussed the provisions of the then Companies Bill, 2012 relating to the establishments of special courts to ensure speedy trial of offences violating the provisions of the said bill.  Section 2 (29) (iv), Section 435 to Section 438 and Section 440 of the Companies Act 2013 (“Act”) dealing with the provisions relating to the establishment of the aforementioned special court have been notified vide notifications dated May 18, 2016. Upon receiving the approval of the relevant High Court Chief Justices, the Ministry of Corporate Affairs has designated 8 (eight) courts in the states of J&K, Maharashtra, Gujarat, Goa, Madhya Pradesh, West Bengal and in the Union Territories of Andaman and Nicobar Islands; Dadra and Nagar Haveli and Daman and Diu as special courts which would deal with the trial of such offences under the Act which are punishable with imprisonment of 2 (two) years or more.

The text of the notifications can be accessed at http://www.mca.gov.in/Ministry/pdf/NotificationOrder_19052016_1.pdf and http://www.mca.gov.in/Ministry/pdf/NotificationOrder_19052016_2.pdf