MD.SHAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THROUGH this writ petition, the petitioner seeks a direction of this Court for quashing the S.O. 80 dated 7th June, 2006 contained in Notification No. A/Act -01/2006 Part -1452/J published in Bihar Gazette (Extraordinary) dated 7.6.2006, issued by the Secretary to the Government, whereby in exercise of the powers conferred by Section 11 of the Code of Criminal Procedure, 1973 and in consultation with the High Court of Judicature at Patna, the Government of Bihar has ordered to establish a Court of Judicial Magistrate of 1st Class inside the District Jail, Siwan for holding its sitting for trial of cases pending against the petitioner.

(2.) FURTHER prayer is for issuance of a writ in the nature of Certiorari for quashing the S.O. 82 dated 7.6.2006 as contained -in Notification No. A/Act -01/2006 Part -1453/J published in Bihar Gazettee (Extraordinary) dated 7.6.2006, issued by the Secretary to the Government, whereby in exercise of power conferred by Sections 13(1) and 14(1) of the Bengal, Agra and Assam Civil Courts Act, 1887 and sub -section (6) ot Section 9 of the Code of Criminal Procedure and in the light of Notification No. 184A, dated 20th May, 2006 issued by the High Court of Judicature at Patna, the Government of Bihar has directed that the Court of Additional District and Sessions Judge of Siwan Sessions Division shall now hold its sitting inside District Jail, Siwan for trying the case relating to the petitioner and further for a direction to the High Court to produce Notification No. 184A dated 20th May, 2006.

(3.) THE petitioner has challenged and assailed the orders and the notification as contained in Annexures 1 and 2 on the ground that the respondents had no authority to change the venue because that will obstruct the right of a persons to have free access to the Court. Fundamental right of equality and fair trial as granted under Articles 14 and 21 of the Constitution of India has been violated. The petitioner has been denied the access of the aforesaid right provided under the Constitution of India. The treatment meted to the petitioner who is languishing in jail by the respondents is unfair, arbitrary and in exercise of mala fide action of the State authorities. The constitution of Special Courts itself is nullity because the petitioner has not consented for establishment of Special Courts inside the Jail. No person is being allowed to watch the proceeding of the Court and the petitioner is facing a lot of difficulties and has no faith in the State authorities.