VEMULA RAJAMOULI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition was filed by two petitioners who are residents of Thelukunta village of Julapalli Mandal and Gangaram village of Kalva Srirampur Mandal of Karimnagar District respectively for a declaration that G.O. Ms. No. 176, Law CLA and J (Courts-C) Department dated 15-11-2001 issued by the Government of Andhra Pradesh converting the existing Court of Special Judicial Magistrate of I Class, Manthani (Mobile Court) as regular Junior Civil Judge's Court and shifting the same from Manthani to Godavarikhani as arbitrary and illegal.

(2.) According to the petitioners, G.O. Ms. No.406 Home (Courts-A) Department dated 27-6-1990 was issued for establishing Mobile Courts in some of the districts including the place at Manthani, Karimnagar District in order to facilitate the poorer sections of people inhabiting in remote and interior areas of the districts who have been implicated in bailable offences to have an immediate access to the Courts. The said GO was a laudable step in the administration of justice to the poorer sections. The further object of the GO was to see that the poorer sections of the people do not travel long distances to exonerate themselves from the criminal offences in which they have been implicated or involved. According to the petitioners, the Mobile Court constituted at Manthani as per G.O. Ms. No.406, dated 27-6-1990 was functioning well to the satisfaction of the persons involved in bailable offences and was also facilitating the prosecution. In furtherance of the said G.O., the Government have also issued G.O. Ms. No.451 Home (Courts-A) Department, dated 28-7-1990 earmarking the jurisdiction of the Special Judicial Magistrate of I Class (Mobile Court), Manthanai. Nine Mandals fall under the jurisdiction of the said Court including the Mandals Kalva Srirampur and Julapally. The said Mobile Court has jurisdiction only in respect of bailable offences and the regular civil jurisdiction of the mandals falling under the jurisdiction of the Mobile Court including the jurisdiction of Kalva Srirampur and Julapalli was vested in the Court of Junior Civil Judge, Sultanabad. The Judicial Magistrate of I Class, Sultanabad had also jurisdiction in respect of non-bailable offences in relation to all the mandals that fall under the jurisdiction of the Mobile Court, Manthani. Thus, the Judicial Magistrate of I Class, Sultanabad, except in respect of bailable offences, has both civil and criminal jurisdiction over the mandals that fall under the jurisdiction of the Court of Mobile Court, Manthani.

(3.) It is submitted that contrary to the object of G.O. Ms. No.406 and 451, the Government have issued G.O. Ms. No. 176 dated 5-11-2001 converting the Court of Special Judicial I Class Magistrate, Manthani to a regular Court of Junior Civil Judge and shifting the same to Godavarikliani having civil jurisdiction as also to act as Judicial I Class Magistrate to try all offences including bailable and non-bailable. Because of the shifting of the Court from Manthani to Godavarikhani, it is submitted by the learned Counsel for the petitioners, the poorer litigants will be put to grave hardship, as they had to travel from remote places to Godavarikhani to attend the Court. It is also submitted that though representations were made to the respondents-authorities bringing to their notice that G.O. MS, No.176 would cause irreparable damage to the poorer litigants, the authorities are taking steps to close the Mobile Court and are also taking steps in furtherance of G.O. Ms. No.176 to issue orders to constitute the Court of Junior Civil Judge-cum-Judicial Magistrate of I Class, Godavarikhani by putting an end to the Mobile Court which is still functioning and dispensing justice in an accessible manner to the poorer litigants of the nine mandals mentioned in G.O. Ms. No.451.