T ASHOK KUMAR Vs. UNION TERRITORY OF PUDUCHERRY

JUDGEMENT

(1.) The petitioner, who is a practicing lawyer, has taken up a genuine cause for preserving the independence of lower judiciary.

(2.) According to the petitioner, Mahe is an outlying region situated within the geographical area of Kerala, but under the administration of the Union Territory of Pondicherry. There is a Sub Court functioning at Mahe. The High Court has directed the constitution of a Munsif Court at Mahe and the Government is in the process of establishing the Court of District Munsif. The Sub Judge at Mahe is functioning as Sub Divisional Judicial Magistrate, Rent Controller, Motor Accident Claims Tribunal and Labour Court.

(3.) The Sub Divisional Judicial Magistrate is expected to visit police lock ups, and jail under various legislations. It is the contention of the petitioner that even for visiting the police lock up by way of surprise inspection, the Judicial Magistrate has to request the police to provide him a jeep. In case the visit is known to the police, in advance, it would be a futile exercise. Similarly, the Magistrate has to record dying declaration and for the said purpose he has to depend upon police for providing vehicle. The petitioner by placing reliance on the directions issued by the Supreme Court in All India Judges Association v. Union of India and others, 1992 1 SCC 119contended that the Sub Judge-cum-Judicial Magistrate at Mahe is exercising various functions which are undertaken in other areas by the Chief Judicial Magistrate and as such the provisions regarding official vehicle, driver and fuel should be made applicable to the Courts functioning in outlying regions of Mahe and Yanam.