RANJIT SINGH Vs. HONERABLE THE CHIEF JUSTICE

JUDGEMENT

(1.) This petition challenges the notification issued by the High Court under Section 9(6) of the Code of Criminal Procedure, 1973 The notification reads as under : "In, exercise of the powers conferred by Section 9(6) of the Code of Criminal Procedure 1973, the Hon'ble the Chief Justice and Judges of this Court have been pleased to order that Shri Mahesh. Chander, Additional Sessions Judge, New Delhi, shall hold his Court for. the trial of the Sessions case relating to FIR No. RC-2/80 SPE CBI V-IV, State vs. Ranjit Singh & Others according to law, in Central Jail, Tihar".

(2.) There is a criminal trial going on in which this petition is moved by one of the co-accused Ranjit Singh in which he has been arrested by the CBI on -24th November, 1983 and the case is relating to the murder of Nirankari Baba and his aide. The notification has directed that the Additional Sessions Judge shall hold his Court for the trial of this case in the Central Jail, Tihar.

(3.) Mr. Bawa Gurcharan Singh who appears for the petitioner submits in the first instance that there is no power in the High Court to have issued a notification under Section 9(6) of the Code. His argument is that Section 9(6) specially provides only that the Court of Sessions shall ordinarily hold its sitting at a place as specified by the High Court. According to him the High Court has not notified that the Court of Sh. Mahesh Chander shall hold its sitting in jail. What the notification amounts to, according to him is that the trial of this particular case as mentioned in the notification will be held in jail and this, he says, is not within the power of the High Court. The learned counsel will have it that the only power which the High Court has is to fix one particular place where any court of Sessions or additional Court of session will hold its sitting, and as Mr. Mahesh Chander is also holding his Court at Patiala House in other cases, the impugned notification is bad. We cannot agree.