CHIEF JUDICIAL MAGISTRATE Vs. STATE OF KERALA

JUDGEMENT

(1.) As many as 14 cases popularly known as Mark list Cases were charge sheeted, before the Chief Judicial Magistrate, Trivandrum, prior to the establishment of the Special Court. At a time when those cases were pending investigation, the investigating officer, in one of the cases (Crime No. 284/CR/80 filed a report M.P. 3656 of 1982 before the Chief Judicial Magistrate, Trivandrum, under section 306 of the Code of Criminal Procedure to tender pardon to one Anandan who was one of the accused in the cases, and to record his statement. The offences are not exclusively triable by the Court of Session. By order dated 26.11.1982 the then Chief Judicial Magistrate Mr. Sadasivan turned down the prayer. He doubted his power to grant the prayer and went on to consider how he was to proceed after tendering pardon and recording the statement.

(2.) The order was challenged by the State in Cr1. R.P. 136 of 1982 before the Sessions Judge, Trivandrum. The Sessions Judge allowed the revision and directed the Chief Judicial Magistrate to accept the report of the investigating officer and proceed according to law. It was also provided in the order that when the Chief Judicial Magistrate tenders pardon he would become incompetent to try the case and that the only other option open to him would be to commit the accused to the Court of Session as enjoined by Section 306 (5) of the Code irrespective of the fact that the offences were not exclusively triable by the Court of Session.

(3.) The order of the Sessions Judge was not capable of removing the doubts of the Chief Judicial Magistrate. He wrote to this Court on 13.1.1983 referring to the establishment of a Special Court for Mark list Cases and therefore doubting his further jurisdiction to entertain the charge-sheets and commit the cases to the Court of Session as directed by the Sessions Judge. The matter was taken up in suo motu revision by this Court in Cr. R.C. 2 of 1983 and a Division Bench of this Court by order dated 19.8.1983 held that the Chief Judicial Magistrate was bound to comply with the order of the Sessions Judge and commit the case to the Court of Session as enjoined by Section 306(5). Accordingly Mr. Sadasivan (the then Chief Judicial Magistrate, Trivandrum) tendered pardon to Anandan in the 14 crime cases.