JUDGMENT

A.M. Ahmadi, CJI. - Writ Petition No. 5943/80, along with Writ Petition No. 57 of 1979 (Hussainara Khatoon) was placed for final disposal on 4.8.1995. On that day the latter was finally disposed of but insofar as the former petition is concerned, counsel drew our attention to the point raised in his written submissions in regard to the appointment of Special Judicial Magistrates and Special Metropolitan Magistrates under Sections 13 & 18 of the Code of Criminal Procedure, 1974, (hereinafter called the Code ) respectively. The disposal of the petition was deferred for considering this question.

2. Mr. Mukul Mudgal contended that the dockets of the Magistrates all over the country were swollen on account of petty cases which could be disposed of by the appointment of Special Judicial Magistrates and Special Metropolitan Magistrates in sufficient numbers and once these cases are taken out of the regular courts, the regular courts would be free to dispose of serious cases faster, and that would meet the requirement of speed justice. He submitted that when cases are pending in such large numbers, there is no justification for not using a part of the system envisaged by the Co