Md.Shahabuddin vs State Of Bihar & Ors

5. The appellant is further aggrieved by another notification issued on the same day by which the court of the Additional District & Sessions Judge of Siwan Sessions Division was directed to now hold its sitting inside the District Jail, Siwan to try Sessions cases pending against the appellant Md. Shahabuddin.

(b) That during a raid conducted on 16.03.2001 in the house of the petitioner, the accused-petitioner and his private army fired upon the raiding party and burnt the vehicles of the Deputy Inspector General of Police, Saran Range, District Magistrate Siwan and Superintendent of Police Siwan. These criminals fired more than 100 rounds of ammunition from arms including AK 47 and AK 56 etc. In that firing, one constable was killed and several constables were injured. In this raid, huge quantity of ammunitions were recovered from the house of the accused. An FIR bearing Case No. 32 of 2001 was registered in the Hussainganj Police Station."

(c) That in another raid conducted in 2005 on the order of the Bihar Military Force-I, a large number of arms and ammunition and other articles were recovered from the house of the accused. Pursuant to this raid, an FIR bearing Case Nos. 41 to 44/2005 was registered in the Hussainganj Police Station.

(f) That the distance between the District Court Siwan and the Court at Siwan Jail is about one kilometer. From the jail gate to District Court there is one way which passes through narrow bridge over a river. This area is densely populated and is a market area of the town. Whenever, the accused was produced in the District Court in the past, there used to be large gathering of criminals. It was always very difficult for the District Administration to control the situation. During the trial, thousands of criminals and armed men used to enter District Court premises and also inside the Court Room in support of the accused and created an atmosphere of terror in the minds of the prosecution witnesses. Consequently, no one dared to depose truthfully against the accused which led to his acquittal in more than 16 cases, one after the other.

45. Mr. Kumar also brought to the attention of the court that the appellant has faced trials in 43 cases before the Magistrates and the Sessions' Courts. Out of the 30 cases before the Magistrates, he has been convicted in 3 and acquitted in 1 and 26 remaining cases are pending. Out of the 13 cases before the Sessions, he has been convicted in 3, acquitted in 3 and 7 cases 21 are still pending.

e. Letter No.5141 of 20th May, 2006 was written to the Secretary, Government of Bihar, Department of Personnel and Administrative Reforms requesting that Shri Vishwa Vibhuti Gupta, Judicial Magistrate First Class, Siwan designated as presiding officer of the Judicial Magistrate First Class being constituted inside the District Jail, Siwan for expeditious trial of pending cases of the appellant.

f. The Letter No.5142 of 20th May, 2006 being the copy of the letter at Sl.No.5 was sent to the Secretary (Law), Judicial Department for information and necessary action.

84. Accordingly, the matter was placed before the Standing Committee in its meeting held on 11.5.2006. The Agenda for the said meeting was: "Letters received from the Law Secretary, Government of Bihar regarding designation of the Special Court of Sessions and Court of Judicial Magistrate, 1st Class for expeditious trial of the cases pending against Mohd. Shahabuddin and for notifying Siwan Jail a place for shifting of Sessions Court and Magisterial Court inside the jail for trial of such cases". Accordingly, a decision was taken by the Standing Committee, which is as under:

5. The notification dated 20.05.2006 notified the decision of the Patna High Court that the premises of the District Jail, Siwan would be the place of sitting of the Court of Sessions for the Sessions Division of Siwan for expeditious trial of sessions cases pending against the appellant namely Md. Shahabuddin. By issuing the other two notifications dated 07.06.2006, the Government of Bihar directed that the Court of Additional District and Sessions Judge of Siwan, Sessions Division would hold its sitting inside the jail premises of District Jail, Siwan 63 for trying the cases relating to the appellant herein. By issuing the third notification dated 07.06.2006, the Government of Bihar in exercise of power conferred under Section 11 of the Code of Criminal Procedure (for short `the CrPC') and in consultation with the Patna High Court ordered the establishment of a Court of Judicial Magistrate of First Class inside the District Jail, Siwan for holding its sitting for the trial of cases pending against the appellant. On issuance of the aforesaid notifications dated 07.06.2006, the venue for holding the trial of the cases pending against the appellant was shifted to the premises of the District Jail, Siwan.

55. The argument qua Section 465 Cr.P.C. that the notification dated 20th May, 2006 saying "other proceedings before and during the trial" and therefore, section 465 would not apply is totally devoid of any merit. Firstly, as per the admission of the appellant himself, judicial proceedings against him had started in several cases and trials were going on, and therefore, it would come within the purview of words `before or during the trial'. The emphasis of the State is on `during trial'. Secondly, the words `other proceedings before and during trial"

148. The question arises - whether the present case would fall in the category of those extraordinary or exceptional cases where universal rule of open trial can be given a go-bye.

155. On consideration of the totality of the facts and circumstances, this appeal lacks merit and is accordingly dismissed.

1. I have had the privilege of perusing the considered judgment of my esteemed brother Justice Dalveer Bhandari.

However, in view of the fact that the present appeal involves several important and wide-ranging questions of law, I wish to record my own reasons for the same, while, in essence, concurring with the conclusions arrived at by my learned brother. I may, however, add that since in the main judgment detailed facts have been delineated, I refrain myself from repeating the same, but refer only to those basic facts as would help in appreciating the issues discussed hereinafter.

7. All the aforesaid submissions made by the appellant before the High Court were considered by the High Court and by its impugned judgment and order dated 14.08.2007, the same were held to be without merit and consequently, the writ petition was dismissed.

(c) The notification dated 20.05.2006 was not supplied to the appellant and the same was not published in the Gazette and, therefore, the said notification is invalid.

(i) Whether mention of the words `Civil Code' and `Civil Court' in the notifications issued by the State vitiates the notifications.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx"

(emphasis supplied)

(emphasis supplied)

Consequently, the High Court was under no requirement to follow and to comply with the rule of audi alteram partem before issuing the notification dated 20.05.2006.

39. By letter No. 5137/Admn. (Appointment) dated 20.05.2006, Mr. Gyaneshwar Shrivastav, Additional District and Sessions Judge was designated as the Presiding Officer (Special Judge) constituted inside the District Jail, Siwan for the expeditious trial of sessions cases pending against the appellant.

40. The Registrar General under letter No. 5141 dated 20.05.2006 informed the Secretary, Department (Personnel) that the Patna High Court has been pleased to recommend the name of Sri Vishwa Vibhuti Gupta, Judicial Magistrate, First Class, Siwan, for his designation as Presiding Officer (Special Magistrate) of the Special Court of Judicial Magistrate, First Class being constituted to function inside the District Jail, Siwan for expeditious trial of cases pending against the appellant.

51. Expeditious disposal of cases is also a factor and a necessary concomitant to administration of justice and the hallmark of fair administration of justice. Since the venue of the trial of a group or a class of cases was shifted by establishing and constituting a Court within the District Jail, Siwan, the same cannot be said to be void or invalid in any 92 manner. The aforesaid issue, therefore, stands answered accordingly along with the issue which was argued by the learned senior counsel appearing for the appellant that reason for issuance of notification being only the expeditious disposal of the cases pending against the appellant which is even otherwise a necessary concomitant of the administration of justice, the notification was void as no special reason to exercise such power under Section 9(6) of the CrPC is spelt out and also particularly when the said power is exercised in the cases of only one individual. I have dealt with the aforesaid issue as well and have given my reasons for rejecting the aforesaid submission for, according to me, the said submission is devoid of any merit.

54. According to Black's Law Dictionary (6th Edition, 1990, p.

58. In light of the aforesaid discussion, although aforesaid issues were raised before us for challenging the legality and the validity of the three notifications which were issued by the respondents for holding the trial of cases pending against the appellant in one Sessions Division and for constituting and establishing two Special Courts i.e. the Court of Additional District and Sessions Judge to try sessions cases pending against 98 the appellant and the Court of Judicial Magistrate, First Class to try the cases pending against the appellant in the Court of Judicial Magistrate, First Class, within the premises of the District Jail, Siwan, I find no merit and force in the submissions of the learned senior counsel appearing for the appellant.

59. Having held, thus, in the foregoing paragraphs of this judgment, all the issues that were framed in paragraph 9 above, on the basis of the arguments of the parties stand discussed and answered.

60. That being the position, I uphold the legality and the validity of all the three notifications. Consequently, the trial can proceed as against the appellant in all the pending cases and it would continue to be held in terms of the notifications in accordance with law.

61. In view of the foregoing, the order passed by the High Court is upheld and consequently the appeal filed by the appellant stands dismissed. The parties are left to bear their own costs.

....................................J. [Dr. Mukundakam Sharma] New Delhi, March 25, 2010.