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2007 Supreme(Raj) 1408

GOVIND MATHUR
Acharya Girdhar Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Anil Vyas, for the Petitioner.
Mr. Vishnu Kachhawaha, Public Prosecutor.

Judgment

Govind Mathur, J.-This petition under Section 397 read with 401 Cr.P.C. is preferred to challenge the order dated 24.2002 passed by learned Sessions Judge, Bikaner declining to take cognizance relating to offences punishable under the Protection of Human Rights Act,1993 (hereinafter referred to as "the Act of 1993")being not a "Human Rights Court" or a court specified or constituted as a special court for such offences under any other law.

While assailing validity of the order aforesaid learned counsel for the petitioner asserted that though the Sessions Court, Bikaner is not specified as a human rights court as per provisions of Section 30 of the Act of 1993, however, being specified as a special court under the Narcotic Drugs and Psychotropic Substances Act it possess jurisdiction to adjudicate the offences arising out of violation of human rights in light of proviso to Section 30 of the Act of 1993.

Heard.

Section 30 of the Act of 1993 reads as follows:-

"30.Human Rights Courts.--For the purpose of providing speedy trial of offences arising out of violation

of human rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notificat












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