2018 Supreme(Mad) 2731
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, G. JAYACHANDRAN, JJ.
M. Manimuthu - Petitioner
Versus
The Registrar General The Honourable Madras High Court and Ors - Respondent
Writ Petition (MD) Nos. 19496, 20796, 20863 of 2017, 4155 and 7662 of 2018 W.M.P. Nos. 28723, 28724 of 2017, 5782 of 2018 W.M.P. (MD) No. 15802, 17081, 17082, 17083, 17152 of 2017 Writ Petition No. 26938 of 2017
Decided on : 14-06-2018
Advocate Appeared:
For the Petitioner: Mr. K.S. Karthick Raja for Mr. K. Sundaravel
For the Respondents:Mr. B. Vijay, Mr. S.N. Parthasarathy Government Advocate
Headnote:
Code of Criminal Procedure, 1973 – Sections 7, 194, 190, 9, 209 and 313 - Indian Penal Code, 1860 – Sections 34, 109, 286, 143, 144, 122, 124A, 216, 149, 376, 120B, 212 and 302 - Explosive Substance Act, 1908 - Sections 4, 5, 9B, 3 and 6 - Unlawful Activities Act, 1967 - Sections 13 - Criminal Law Amendment Act, 1908 - Section 17 - Arms Act, 1959 - Sections 120b, 148, 121, 122, 124A, 307, 332, 25B, 27 and 7 - Bomb Blast - All these writ petitions have been filed challenging orders passed by Principal District and Sessions Judges of various Districts transferring trial of Sessions Case involving offences punishable to be tried by Sessions Court for exclusive trial of Bomb Blast Cases Chennai as case may be by citing Circular issued by Registrar General of this Court - Among six writ petitions before us five writ petitions were filed before Madurai Bench of Madras High Court Madurai - Writ Petition alone was filed before Principal Bench of this Court - By an administrative order Honorable Chief Justice transferred all writ petitions filed before Madurai Bench of Madras High Court Madurai to Principal seat - Pursuant to such transfer this Special Bench was constituted by Honorable Chief Justice to take up these writ petitions and to dispose of same on merits - Held, This being legal position transferring Sessions Cases mechanically without ascertaining stage of case or sensitive nature of case would defeat object of circular issued by Registrar General of this Court besides prejudice accused in getting his or her case disposed of at an early date - In fine we hold that committal to Sessions Court for Bomb Blast Cases in Chennai and Coimbatore cannot be directly made by a Magistrate - Magistrate shall commit a Sessions Case involving an offence punishable only to Court of District and Session Judge of his/her District - After committal it is open to District and Session Judge to make over a case to Sessions Court for Bomb Blast Cases at Chennai/Coimbatore provided Special Court has territorial jurisdiction over that District also taking into consideration sensitive nature of cases - Writ petitions are allowed.
R. SUBBIAH, J.
1. All these writ petitions have been filed challenging the orders passed by the Principal District and Sessions Judges of various Districts, transferring the trial of the Sessions Case involving the offences punishable under the Explosive Substances Act to be tried by the Sessions Court for exclusive trial of Bomb Blast Cases, Chennai at Poonamallee and at Coimbatore, as the case may be, by citing the Circular issued by the Registrar General of this Court bearing Roc.No.1999/C/2015/G1 dated 03.04.2017.
2. Among the six writ petitions before us, five writ petitions being Writ Petition (MD) Nos. 19496, 20796, 20863 of 2017 and Writ Petition (MD) Nos. 4155 and 7662 of 2018 were filed before the Madurai Bench of the Madras High Court, Madurai. Writ Petition No. 26938 of 2017 alone was filed before the Principal Bench of this Court. By an administrative order, the Honourable Chief Justice transferred all the writ petitions filed before the Madurai Bench of the Madras High Court, Madurai to the Principal seat. Pursuant to such transfer, this Special Bench was constituted by the Honourable Chief Justice to take up these writ petitions and to dispose of the same on merits.
3. The facts relating to the WP (MD) No. 19496 of 2017 are that the fourth respondent Inspector of Police, Sivagangai Town Police Station registered a case against the petitioner in Crime No. 451 of 2007 on its file for the offences punishable under Sections 120 (B), 212, 302 read with Section 34 of IPC and Section 4 (b) (ii) and 6 of Explosive Substance Act. According to the fourth respondent, on 29.06.2007 at 13.30 hours, the deceased Murugan, who was travelling in a Scorpio Car, was killed by an explosive device. In the very same occurrence, one Pandi, who was the driver of the car, sustained injuries. After registration of the case, the fourth respondent carried out investigation and upon completion of investigation, the fourth respondent has filed a charge sheet before the Judicial Magistrate Court No.1, Sivagangai. Subsequently the learned Judicial Magistrate, Sivagangai has committed the case to the Court of Sessions viz., the learned Principal District and Sessions Judge, Sivagangai who has taken the Sessions Case on its file as S.C. No. 80 of 2009. During the course of trial in the Sessions Case, 28 witnesses have been examined and several documentary evidence were marked. According to the petitioner, only certain official witnesses are required to be examined in connection with the confession and recovery of the material objects in the case. While so, by relying upon the Circular issued by the Registrar General of this Court in Roc.No.1999/C/2015/G1 dated 03.04.2017, the learned Principal District and Sessions Judge, Sivagangai passed an order dated 26.07.2017 transferring S.C. No. 80 of 2009 on it's file to the file of Special Court for Bomb Blast Cases, functioning at Poonamallee, Chennai. The said order dated 26.07.2017 of the learned Principal District and Sessions Judge, Sivagangai is challenged in this writ petition.
4. The writ petition in WP (MD) No. 20796 of 2017 has been filed by the petitioner by contending that the fourth respondent namely Inspector of Police, Thiruppachethi Police Station, Sivagangai District has registered a case in Crime No. 173 of 2003 and after investigation, filed the charge sheet before the learned Judicial Magistrate, Manamadurai which was taken on file as P.R.C. No. 37 of 2005. Subsequently, the learned Additional District Munsif cum Judicial Magistrate, Manamadurai committed the case to the file of District Sessions Court, Sivagangai and re-numbered as S.C. No. 139 of 2010. When the trial in S.C. No. 139 of 2010 was in progress, one of the accused in S.C. No. 139 of 2010 namely Dakshinamoorthi was murdered in retaliation. Thereafter, fearing for his life, the petitioner has filed a petition in Criminal Original Petition No. 5048 of 2016 before this Court seeking to transfer the case in S.C. No. 139