Benami Act: Centre yet to form special courts

Assets worth more than ₹5,000 crore have been attached by the Income-Tax Department under the law.

August 02, 2018 09:51 pm | Updated November 28, 2021 08:34 am IST - New Delhi

The prosecution of accused persons in almost 100 confirmed cases instituted under the Benami Transactions (Prohibition) Act has scuttled as the Special Courts meant for the purpose have not yet been set up across the country.

Assets worth more than ₹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,” says the Act.

However, an official said, 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.

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