STATE Vs. PARKASH CHAND

JUDGEMENT

(1.) THIS is a revision petition filed by the State against the order of the Sessions Judge, Kapurthala,. holding that a Judicial Magistrate at Phagwara had jurisdiction to try a case instituted against Parkash Chand Respondent for contravention of Rule 125(2) of the Defence of India Rules. It appears that the police instituted the -case in the Court of the Judicial Magistrate at Phagwara and the State moved the Sessions Judge for having the case tried by the Special Tribunal constituted under Section 13 of the Defence of India Act of 1962. In refusing the prayer of the State the learned Sessions Judge has relied" on a decision of the Tribunal constituted at Kapurthala consisting of his predecessor together with Mr. P.L. Chhabra, District Magistrate, and Mr. Harnarain Singh, A.D.M., delivered on the 23rd of September, 1963 by which it was held that the jurisdiction of a first Class Magistrate and of the Tribunal to try offences for contraventions of Rule 125(2) of the Defence of India Rules was concurrent.

(2.) IT is contended on behalf of the State that this view is not correct. Section 13 of the Defence of India Act provides in Sub -section (1) that the State Government may, for the whole or any part of the State, constitute one or more Special Tribunals which or each of which shall consist of three members appointed by that Government. The other subsections deal with the qualifications of persons to be appointed. Section 14 reads: