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S.NAGAMUTHU, P.N.PRAKASH
In Re : The Registrar (Judicial) High Court, Madras – Appellant
Versus
. – Respondent
Key Points: - The Special Court under POCSO Act has all powers of a Court of Session for trial and can take cognizance without committal; initial remand can be by a Magistrate not having jurisdiction, but subsequent remands are by the Special Court (!) (!) (!) (!) . - A Special Court under POCSO Act is treated as a Court of Session and thus can exercise powers of remand under Section 167, cognizance, and trial, while Magistrates retain limited initial remand power within 15 days [21001238520021] (!) (!) . - When offences under POCSO and SC/ST Act coexist, the POCSO Special Court has overriding jurisdiction to handle remand, cognizance, and trial, and to grant reliefs under SC/ST Act; overriding effect inferred and explained; later Act (POCSO) prevails in such inter-law conflicts [21001238520050][21001238520055]. - Section 28 of POCSO and Section 14 of SC/ST Act: Special Courts may be designated as either Exclusive or Regular Special Courts, and Additional Sessions Judges may function within Sessions Courts designated as Special Courts; notifications under amended provisions are valid and save previously issued ones [21001238520020] (!) (!) [21001238520036]. - The circular remanding practices issued earlier (R.O.C. 640/2014/G4) were withdrawn; clear directives issued for POCSO and SC/ST Act cases concerning remand and cognizance by Special Courts (!) (!) . - The judgment reiterates that in POCSO and SC/ST cases, the Special Court has exclusive jurisdiction to take cognizance and to try, with remand powers under 167, while Magistrates’ remand role is limited to initial 15 days unless remand is transferred to competent Special Court [21001238520029] (!) . - For cases involving both Acts, the Special Court under POCSO shall exercise all powers, including remand, cognizance, and reliefs to victims, with overriding consideration over SC/ST Act where applicable [21001238520055]. - The General Clauses definitions (Magistrate includes those exercising powers of Magistrate) support reading Special Court as Magistrate for certain Code provisions (e.g., 156, 167) in context of POCSO Act (!) (!) . - Amendments to SC/ST Act Section 14 (2015/2016) introduce Exclusive Special Courts and allow cognizance directly by Special Courts, with remand powers including 167; existing unamended Special Courts are saved under Section 24 of General Clauses Act (!) (!) (!) (!) .
S. Nagamuthu, J.
The Government of Tamil Nadu, under G.O.Ms.No.217 dated 02.04.2013, sanctioned the constitution of 22 Fast Track Mahila Courts in 22 different districts in the cadre of Additional Sessions Judges to try the cases of offences against women. Subsequently, under G.O.Ms.No.514 dated 16.07.2013, 22 posts of Additional Sessions Judges were sanctioned, known as the Judges of the Fast Track Mahila Courts to preside over these 22 Courts. Thus, by constitution, these Fast Track Mahila Courts are presided over by Additional Sessions Judges. They exercise all the powers conferred upon them under the Code of Criminal Procedure as Additional Sessions Judges. These Fast Track Mahila Courts were later on specified to be the Special Courts under the Protection of Children from Sexual Offences, Act (for short the POCSO Act) under G.O.Ms.No.1087 dated 04.12.2013. Thus, these Additional Sessions Judges (Fast Track Mahila Courts) have been functioning as Special Courts under the POCSO Act.
2. While so, the Chief Judicial Magistrate, Dindigul, had written to the High Court seeking instructions as to whether the Judicial Magistrates have got the power to remand an accused involved i
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