THE REGISTRAR JUDICIAL, HIGH COURT, MADRAS-600 104 Vs. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT, TO TAMIL NADU, CHENNAI

JUDGEMENT

(1.) The Government of Tamil Nadu, under G.O.Ms.No.217 dated 02.04.2013, sanctioned the constitution of 22 Fast Track Mahila Courts in 22 different districts in the cadre of Additional Sessions Judges to try the cases of offences against women. Subsequently, under G.O.Ms.No.514 dated 16.07.2013, 22 posts of Additional Sessions Judges were sanctioned, known as the Judges of the Fast Track Mahila Courts to preside over these 22 Courts. Thus, by constitution, these Fast Track Mahila Courts are presided over by Additional Sessions Judges. They exercise all the powers conferred upon them under the Code of Criminal Procedure as Additional Sessions Judges. These Fast Track Mahila Courts were later on specified to be the "Special Courts" under the Protection of Children from Sexual Offences, Act (for short "the POCSO Act") under G.O.Ms.No.1087 dated 04.12.2013. Thus, these Additional Sessions Judges (Fast Track Mahila Courts) have been functioning as Special Courts under the POCSO Act.

(2.) While so, the Chief Judicial Magistrate, Dindigul, had written to the High Court seeking instructions as to whether the Judicial Magistrates have got the power to remand an accused involved in cases relating to the offences under POCSO Act and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Chief Judicial Magistrate was probably under the impression that in view of Sec. 28 of the POCSO Act, the Special Courts under the POCSO Act have got exclusive jurisdiction to deal with any case under the said Act including the power to remand an accused on being produced after arrest.

(3.) This Court, after having considered the said request, on the Administrative side, as per the view expressed by the Honourable Portfolio Judge, sent a communication in R.O.C.No.640/2014/G4 dated 12.02.2016 wherein, this Court instructed as follows:-