SUPERINTENDENT OF POLICE Vs. FIROZUDDIN BASHEERUDDIN ALIAS FIROZE

JUDGEMENT

(1.) Petitioner (Superintendent of Police, Central Bureau of Investigation, Cochin Unit) prays for a direction that a sessions case now pending before the 2nd additional sessions court, Ernakulam, be tried by the 3rd of 4th additional sessions court, Ernakulam, as those courts have been created for trying cases investigated by the Central Bureau of Investigation (for short 'the CBI'). Learned single Judge before whom the petition came up felt that the question involved must be decided by a Division Bench.

(2.) The case originated as Crime No.229/89 of Kasaragod Police Station. It relates to the death of one K.M. Hamsa and hence this case is described as "Hamsa murder case". The following points are not disputed: "Hamsa murder case" was investigated and charge sheeted by the CBI pursuant to a direction issued by the Central Government under S.5 of the Delhi Special Police Establishment Act, 1946 with the consent of the State Government as provided in S.6 of the said Act. The charge sheet in the case was laid before the court of a special magistrate at Ernakulam (in the rank of Chief Judicial Magistrate) which court has been established for dealing with cases investigated by the CBI within the State of Kerala. The place of occurrence in "Hamsa murder case" (as per the prosecution case) is situate within the local limits of Kasaragod Sessions Court. The said special magistrate committed the case to the Court of Session, Ernakulam and the Sessions Judge made over the case to the 2nd additional sessions court, Ernakulam.

(3.) The 3rd and 4th additional sessions court, Ernakulam are the two wings of the special sessions court created by the State Government for trial of cases investigated by the CBI. Those courts have been designated as 3rd and 4th additional sessions court since powers have been conferred on the Judges concerned to function as regular additional sessions judges. Thus, the 3rd and 4th additional sessions courts have jurisdiction to deal with all cases made over to them by the Sessions Judge, Ernakulam, in addition to the powers to try the cases investigated by the CBI.