Mohd. Aslam @ Bhure vs State Of U.P. & Ors

The facts of the case, in short, are as follows :-

The investigation of Crime No. 198/92 was taken over by CB CID of the State of Uttar Pradesh on 10.12.1992. On 16.12.1992, the State of Uttar Pradesh, in consultation with the High Court of Allahabad, established a Special Court of Judicial Magistrate First Class with its place of sitting at Lalitpur, to try the case relating to Crime No. 198/1992. The CB CID of the State filed the final report under Section 173 of the Criminal Procedure Code. Crime No. 198/92 had been registered against all the eight accused persons named in the First Information Report, for the offences under Sections 153A, 153B, 505, 147 and 149 IPC. The Special Judicial Magistrate at Lalitpur took cognizance of the case on 1.3.1993. By Notification dated 8.7.1993, the State Government, after consultation with the High Court, shifted the place of sitting of the Court of Special Judicial Magistrate from Lalitpur to Rae Barelli.

By Notification dated 26.8.1993, the Government of India, with the consent of the Government of Uttar Pradesh entrusted the investigation of Crime No. 198/92 and cases arising from same facts/transaction to the CBI. The CBI re- registered the Crime No. 198/92 as R.C. 1(s)/93 and the other 47 related cases as R.C. Nos. 2(s)/93 to 48(s)/93. On 8.9.1993, the Government of Uttar Pradesh, in consultation with the High Court, issued a Notification establishing a special court of Additional Chief Judicial Magistrate at Lucknow, for trial of cases arising out of demolition of the disputed structure at Ayodhya, investigated by CBI. Another Notification dated 8.9.1993 was issued by the Governor of Uttar Pradesh, in exercise of power under Section 11(1) of Cr.P.C., in consultation with the High Court of Allahabad establishing a Special Court of Judicial Magistrate, First Class, for the area comprising the entire State, with place of sitting at Lucknow, to try or enquire into and commit to the Court of Sessions all cases arising out of Crime No. 197/92 and 47 other cases in which investigations were made or charge sheets were filed by CBI. A list of these cases was appended to the Notification. But no mention was made as regards Crime No. 198/92, the investigation of which had already been entrusted to the CBI vide Notification dated 26.8.1993.

One Shri Vijay Verma was appointed by the High Court as the Additional Chief Judicial Magistrate (Special Court) at Lucknow on 5.10.1993 for trial and disposal of cases investigated by CBI pertaining to demolition of disputed structure at Ayodhya. The CBI filed a consolidated charge- sheet dated 4.10.1993 before the Additional Chief Judicial Magistrate, Lucknow, against 40 persons, that is, those implicated in Crime No 198/92 as well as others who were accused persons in Crime No. 197/92 and also in the 47 other cases registered by the Police Station at the Ram Janam Bhoomi.

The Additional Sessions Judge (Ayodhya Matters), Lucknow, by order dated 9.9.1997 framed charges in S.C. No. 344/1994 (corresponding to Crime no. 197/1992) and S.C. No. 749/1996 (corresponding to Crime No. 198/1992). Feeling aggrieved, different sets of accused filed Cr.R.P. Nos. 199, 201, 211 and 295 of 1997. The said revision petitions were allowed in part by a learned Single Judge, by common order dated 12.2.2001. The learned Single Judge upheld the order dated 9.9.1997 passed by the Special Judge, Lucknow, for framing charges in 48 cases (referred to in the Schedule to Notification dated 9.9.1993). The learned Single Judge, however, set aside the said order 9.9.1997 of the Special Judge in so far as it related to Crime No. 198/1992 covered by the Notification dated 8.10.1993 on the ground that the said Notification was illegal and invalid for want of consultation with the High Court required under Section 11 (1) of Cr.P.C. The High Court further held :

We may next refer to Review Petition (C.) No. 1648/2005. On the ground that the State Government had not taken steps to issue a fresh notification in place of the Notification dated 8.10.2003 (which was held by the High Court to be invalid), one Kuldip Nayar and others filed W.P. No. 2367 (M/B) of 2001 in the Allahabad High Court, seeking a direction to the State Government to take steps forthwith to issue a fresh notification after consultation with the High Court, for amendment of the Notification dated 9.9.2003, to confer jurisdiction on the Special Court, Lucknow, to try or enquire into and commit to the Court of Sessions, the matter relating to Crime No. 198/1992. The said petition was disposed of by the Allahabad High Court by order dated 21.5.2001 holding that it was not a case for issuing any direction to the State Government as the matter was one within the discretion of the State Government. The petitioner who was not a party before the High Court filed S.L.P. (C.) No. 456/2002, seeking leave to challenge the said order. The said Special Leave Petition was also dismissed by this Court by a common order dated 29.11.2002.

We, however, find a typographical error in the Order dated 29.11.2002 requiring correction. The word "Lalitpur" at line 8 of the Order shall be read as "Lucknow".