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TMI Blog1954 (12) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... r-sheet. Withdrawn and transferred to the file of Mr. S. F. Azam, Magte. with powers u/s 30, Cr. P. C. for favour of disposal". The appellants were then tried by Mr. S. F. Azam, Magistrate of the first class exercising powers under section 30 of the Code of Criminal Procedure on charges under sections 366 and 143 of the Indian Penal Code and each of them was convicted under both the sections and sentenced to rigorous imprison- ment for five years under section 366, Indian Penal Code, no separate sentence having been passed under section 143.The appellants preferred an appeal to the High Court of Judicature at Patna. The appeal was heard by a Bench consisting of S. K. Das and C. P. Sinha, JJ. There was a difference of opinion between the two learned Judges as to the constitutionality of section 30 of the Code of Criminal Procedure. S. K. Das, J., took the view that the impugned section did not bring about any discrimination or inequality between persons similarly circumstanced and consequently did not offend the equal protection clause of the Constitution, while C. P. Sinha, J., was of the opinion that the section was hit by article 14. The appeal was thereupon placed before Reuben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticle 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (i) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped togetber from others left out of the group and (ii) that differentia must have a rational relation to the object sought to be achieved by the statute in question. The classification may be founded on different bases; namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration. It is also well established by the decisions of this Court that article 14 condemns discrimination not only by a substantive law but also by a law of procedure. The contention now put forward as to the invalidity of the trial of the appellants has, therefore to be tested in the light of the principles so laid down in the decisions of this Court. There are no less than four modes of trial prescribed by the Code of Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll other Courts mentioned in the 8th column of the second schedule. If that had been the position, then there could be no question of discrimination, for, in that situation, section 30 Magistrate's Court would be the only Court in which all offences not punishable with death would become triable. As already stated, this extreme claim is not made by the learned Attorney-General. The effect of the State Government investing the District Magistrate or any Magistrate of the first class with power under section 30 is to bring into being an additional court in which all offences not punishable with death become triable. In other words, the effect of the exercise of authority by the State Government under section 30 is, as it were, to add in the 8th column of the second schedule the Magistrate so em- powered as a Court before whom all offences not punishable with death will also be triable. The question is whether this result brings about any inequality before the law and militates against the guarantee of article 14. Section 30, however, empowers the State Government in certain areas to invest the District Magistrate or any Magistrate of the first class with power to try as a Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... materially to their rights, the denial of equal justice is still within the prohibition of the Constitution". The contention is that although the section itself may not be discriminatory, it may lend itself to abuse bringing about a discrimination between persons accused of offences of the same kind, for the police may send up a person accused of an offence under section 366 to a section 30 Magistrate and the police may send another person accused of an offence under the same section to a Magistrate who can commit the accused to the Court of Session. It is necessary to examine this contention with close scrutiny. When a case under section 366, Indian Penal Code., which is a case triable by a Court of Session under the second schedule, is put up before a section 30 Magistrate, the section 30 Magistrate is not necessarily bound to try the case himself. Section 34 limits the power of the section 30 Magistrate in the matter of punishment. If the section 30 Magistrate after recording the evidence and -before framing a charge feels that in the facts and circumstances of the case the maximum sentence which he can inflict will not meet the ends of justice he may, instead of disposing of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -proper exercise of judicial discretion by the Magistrate concerned. It is suggested that discrimination may be brought about either by the Legislature or the Executive or even the Judiciary and the inhibition of article 14 extends to all actions of the State denying equal protection of the laws whether it be the action of anyone of the three limbs of the State. It has, however, to be remembered that, in the language of Frankfurter, J., in Snowden v. Hughes(1), "the Constitution does not assure uniformity of decisions or immunity from merely erroneous action, whether by the Courts or the executive agencies of a State". The judicial decision must of necessity depend on the facts and circumstances of each particular case and what may superficially appear to be an unequal application of the law may not necessarily amount to a denial of equal protection of law unless there is shown to be present in it an element of intentional and purposeful discrimination (See per Stone, C.J., in Snowden v.Hughes (supra). It may be mentioned at once that in the present case there is no suggestion whatever that there has been at any stage any intentional or purposeful discrimination as against the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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