The establishment of Special Courts for trial of cases relating to atrocities committed on the members of the Scheduled Castes and Scheduled Tribes, as provided under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the subsequent notification specifying the Special Courts for speedy trial of offences under the Act.

These writ applications have been filed on behalf of the petitioners by way of public interest litigation challenging the notification dated 23rd August, 1986 issued by the Registrar of this Court under subsection (1) of section 11 of the Code of Criminal Procedure, 1973 creating Special Courts for trial of cases relating to atrocities committed on the members of the Scheduled Castes and Scheduled Tribes.

2. By the aforesaid notification, a Court of Judicial Magistrate, 1st Class, at Purnia has been constituted as a Special Court for trial of such offences committed in the districts of Purnia, Saharsa, Katihar, Madhepura and Khagaria.

3. According to the petitioners, if one Court of Judicial Magistrate has been earmarked as a Special Court for trial of offences relating to atrocities committed on the members of the Scheduled Castes and Scheduled Tribes per se, it is bound to cause great harassment to them inasmuch as such victims of all districts within the jurisdiction of such Magistrates at Purnia have to come to Purnia for redressal of their grievances, including examination of witnesses during the trial.

4. It may be mentioned that this Court realised the harassment which establishment of one Special Court for several districts was causing to members of the Scheduled Castes and Scheduled Tribes who are victims of different atrocites. Because of that a decision was taken by this Court on the administrative side superesding the aforesaid notification, by a notification dated 3.7.1987. By the aforesaid notification, a Magistrate's Court was earmarked in each district of the State as Special Courts for trial of cases relating to atrocities committed on the Scheduled Castes and Scheduled Tribes.

5. Later, Parliament enacted the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'). The preamble of that Act says that it is to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribe and to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.

6. Section 2(a) defines "atrocity" to mean offences punishable under section 3. Section 2(b) defines "Special Court" to mean a Court of Session specified as a Special Court in section 14. Section 3 is a comprehensive section containing all possible atrocities which may be committed on the members of the Scheduled Castes and the Scheduled Tribes and provides punishment for the same. Section 14 of the Act is as follows ;-

"14. Special Court. - For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act."

In view of section 14, the State Government has to, by a notification in the Official Gazette, specify for each district a Court of Session which shall be a Special Court to try the offences relating to atrocities committed on the members of the Scheduled Castes and the Scheduled Tribes.

7. After coming into force of the provisions of the Act aforesaid, it appears that a notification has been issued by the State Government on 22nd November, 1990 as follows :-

"In exercise of the powers conferred by section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Governor of Bihar in consultation with the High Court of Judicature at Patna is pleased to direct that :-

(A) In all the districts of the State of Bihar the Court of the 1st Additional Sessions Judge in each of the Sessions divisions shall be the special court for the speedy trial of the offences under section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention or Atrocities) Act, 1989 whoso jurisdiction shall be the local li