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Judgment
These writ applications have been filed on behalf of the Petitioners by way of public interest (sic) challenging the notification dated 23rd August, 1986 issued by the Registrar of this Court under Sub-section (1) of Section 11 of the Code of Criminal Procedure, 1973 creating Special Courts for trail of cases relating to atrocities committed on the members of the scheduled castes and scheduled tribes.
By the aforesaid notification, a Court ''of Judicial legist rate, 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.
According to the Petitioners, if one Court of Judicial Magistrate has been earmarked us a Special Court as a Special Court for trial of offences relating to atrocities committed on the members of the Scheduled Castes and Scheduled Tribes (sic), 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 trail.
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 carmarked in each district of the State as Special Courts for trial of cases relating to atrocities committed on the Scheduled Castes and Scheduled Tribes.
Later, Parliament enacted the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to ''the Act''). The preamble of that Act says that it is to prevent the commission it of offences atrocities against the members of the Scheduled Castes and the Scheduled Tribes 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.
Section 2(a) defines "atrocity" to mean offences punishable u/s 3. Section 2(b) destines "Special Court" to mean a Court of in 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 provider punishment for the same. Section 14 of the Act is as follows:
Special Court.-For the purpose of providing for speedy trial, toe 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 me offences under this Act.
In view of Section 14, the blare 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.
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 Side 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 u/s 14 of the scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 whose jurisdiction shall be the local limits of that district, at present, or a period of one year from the date of publication of the notification in the Bihar Gazatte.
(B) Those (sic)of the State where at present no session division in established, cases arising under the jurisdiction of the local limits of the concurrence such districts shall be tried by the Special Court of the 1st Additional Session judge of such Sessions divisions under which the concerned district is at present attached for a period of one year from the date of (sic) of the notification in the Bihar Gazette.
This notification shall come into (sic) from the date of its publication. In the Bihar Gazette.
In view of the provisions of the Act, referred to above, and the notification dated 22nd November, 1990, the 1st Additional Sessions Judge in each of the Sessions Division shall be the Special Court for the speedy trial of the offences u/s 14 of the Act aforesaid.
Because of the steps already taken by the State Government, these writ application have become infructuous and they are, accordingly, disposed of.
Let a copy of this order be given to the learned Advocate General.