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TMI Blog2010 (3) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... e District Jail, Siwan, I find no merit and force in the submissions of the learned senior counsel appearing for the appellant - APPEAL NO.591 OF 2010 - - - Dated:- 25-3-2010 - BHANDARI, DALVEER CHAND AND SHARMA, MUKUNDAKAM, JJ. JUDGMENT Dalveer Bhandari, J. 1. Leave granted. 2. This appeal is directed against the judgment of the High Court of Judicature at Patna passed in Criminal Writ Jurisdiction Case No.553 of 2006 dated 14.08.2007. 3. The appellant is aggrieved by the notification No.184A dated 20th May, 2006 whereby the Patna High Court in exercise of administrative powers conferred under sub-section (6) of section9 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ) has been pleased to decide that the premises of the District Jail, Siwan will be the place of sitting of the Court of Sessions for the Sessions Division of Siwan for the expeditious trial of Sessions cases pending against Md. Shahabuddin. 4. The appellant is also aggrieved by the two notifications bearing No.A/Act-01/2006 Part-1452/J corresponding to S.O. No. 80 dated 7.6.2006 and No.A/Act-01/2006 Part-1453/J corresponding to S.O. No.82 dt. 7.6.2006 issued by the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest of expedition but really for terrorizing witnesses into giving evidence which suited the prosecution. (e) That the three notifications read together show that the action was taken by the State Government and the High Court has merely concurred with it. All the three notifications are thus without jurisdiction and void. 7. Mr. Jethmalani has drawn our attention to the relevant part of Section 9(6) of the Code which reads as under: 9. Court of Session. x x x (6) The Court of Sessions shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of theprosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. 8. Mr. Jethmalani submitted that the power of changing the venue is vested exclusively with the High Court and the State Government has no say in the matter. 9. The power under Section 9(6) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the grounds on which it is made; and no order shall be made on the merits of the application unless at least-twenty-four hours have elapsed between the giving of such notice and the hearing of the application. (6) Where the application is for the transfer of a case of appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court s power of remand under section 309. (7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case. (8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or reasonable. The only answer for withholding from such person the protection of Article 14 of the Constitution that could reasonably be given to these inquiries would be that "Of all other accused persons they are a class by themselves and there is a reasonable difference between them and those other persons who may have committed similar offences." They could be told that the law regards persons guilty of offences against the security of the State as a class in themselves. The Code of Criminal Procedure has by the process of classification prescribed different modes of procedure for trial of different offences. Minor offences can be summarily tried, while for grave and heinous offences an elaborate mode of procedure has been laid down. 13. The said Special Act suggests no reasonable basis or classification, either in respect of offences or in respect of cases. It has not laid down any yardstick or measure for the grouping either of persons or of cases or of offences by which measuring these groups could be distinguished from those who are outside the purview of the Special Act. The Act has left this matter entirely to the unregulated discretion of the provincial government. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... freely come into, and attend the said courts, and hear and be present, at all or any such trials as shall be there had or passed, that justice may not be done in a corner nor in any covert manner." [Reprinted in Sources of Our Liberties 188 (R. Perry ed.1959). See also 1 B. Schwartz, The Bill of Rights: A Documentary History 129 (1971).] 18. (Page 985) Jeremy Bentham not only recognized the therapeutic value of open justice but regarded it as the keystone: "Without publicity, all other checks are insufficient: in comparison of publicity, all other checks are of small account. Recordation, appeal, whatever other institutions might present themselves in the character of checks, would be found to operate rather as cloaks than checks; as cloaks in reality, as checks only in appearance." J. Bentham Rationale of Judicial Evidence 524 (1827). 19. (Page 985) The early history of open trials in part reflects the widespread acknowledgment, long before there were behavioral scientists, that public trials had significant community therapeutic value. 20. (Pages 985-986) When a shocking crime occurs, a community reaction of outrage and public protest often follows. [See H. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cular purposes of the trial (and, indeed, the judicial) process. Open trials play a fundamental role in furthering the efforts of our judicial system to assure the criminal defendant a fair and accurate adjudication of guilt or innocence. [See, e.g., Estes v. Texas, 381 U.S., at 538-539, 14 L Ed 2nd 543, 85 S Ct 1628]. But, as a feature of our governing system of justice, the trial process serves other, broadly political, interests, and public access advances these objectives as well. To that extent, trial access possesses specific structural significance. 25. (Page 1001) Secrecy is profoundly inimical to this demonstrative purpose of the trial process. Open trials assure the public that procedural rights are respected, and that justice is afforded equally. Closed trials breed suspicion of prejudice and arbitrariness, which in turn spawns disrespect for law. Public access is essential, therefore, if trial adjudication is to achieve the objective of maintaining public confidence in the administration of justice. [See Gannett, supra at 428-429, 61 L Ed 2d 608, 99 S Ct 2898 (Blackmum, J., concurring and dissenting). 26. (Page 1003) Shrewd legal observers have averred that: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 SCC 398 para 92 in which this Court relied on E. P. Royappa v. State of Tamil Nadu (1974) 4 SCC 3. Para 85 of the said judgment reads as under: ... Article 14 is the genus while Article 16 is a species. Article 16 gives effect to the doctrine of equality in all matters relating to public employment. The basic principle which, therefore, informs both Articles 14 and 16 is equality and inhibition against discriination. Now, what is the content and reach of this great equalising principle? It is a founding faith, to use the words of Bose, J., a way of life , and it must not be subjected to a narrow pedantic or lexicographic approach. We cannot countenance any attempt to truncate its all-embracing scope and meaning, for to do so would be to violate its activist magnitude. Equality is a dynamic concept with many aspects and dimensions and it cannot be cribbed, cabined and confined within traditional and doctrinaire limits. From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. Where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... narch. Where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14. Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 like a brooding omnipresence .... (emphasis supplied) 30. In the said judgment, Bhagwati, J., further observed (at pp. 676-77): (SCC p. 286, para 10) Now, if this be the test of applicability of the doctrine of natural justice, there can be no distinction between a quasijudicial function and an administrative function for this purpose. The aim of both administrative inquiry as well as quasijudicial inquiry is to arrive at a just decision and if a rule of natural justice is calculated to secure justice, or to put it negatively, to prevent miscarriage of justice, it is difficult to see why it should be applicable to quasi-judicial inquiry and not to administrative inquiry. It must logically apply to both. On what principle can distinction be made betw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seven-Judge Bench held that the rule of procedure laid down by law comes as much within the purview of Article 14 of the Constitution as any rule of substantive law. In Maneka Gandhi v. Union of India (1978) 1 SCC 248 another Bench of seven Judges held that the substantive and procedural laws and action taken under them will have to pass the test under Article 14. The test of reason and justice cannot be abstract. They cannot be divorced from the needs of the nation. The tests have to be pragmatic otherwise they would cease to be reasonable. The procedure prescribed must be just, fair and reasonable even though there is no specific provision in a statute or rules made thereunder for showing cause against action proposed to be taken against an individual, which affects the right of that individual. The duty to give reasonable opportunity to be heard will be implied from the nature of the function to be performed by the authority which has the power to take punitive or damaging action. Even executive authorities which take administrative action involving any deprivation of or restriction on inherent fundamental rights of citizens, must take care to see that justice is not only done b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous trial of sessions cases pending against Md. Sahabuddin. By Order of the High Court Sd/- Registrar General Memo No.5146-49 dated, Patna the 20th May, 2006. Copy forwarded to the District and Sessions Judge, Siwan/The Chief Judicial Magistrate, Siwan/ The Secretary to the Government of Bihar, Law (Judicial) Department, Patna/The Secretary to the Government of Bihar, Department of Personnel and Administrative Reforms, Patna for information and necessary action. By Order of the High Court Sd/- Registrar General 36. Mr. Kumar, learned senior counsel further submitted that the two notifications were subsequently issued by the Government of Bihar because the premises were not under the control of the High Court. Where the premises are not under the control of the High Court, the notification has also to be issued by the State Government. The establishment of the court can be done by the State Government in consultation with the High Court. He referred to the notification dated 20.5.2006 and notifications corresponding to S.O. Nos.80 and 82 both dated 7.6.2006. The notifications establishing the court were issued in consonance with the scheme of the Act. 37. Mr. Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orting police party were brushed aside by threatening them with dire consequences and use of brute force to carryout the above illegal acts. (e) That in Sessions Trial No. 63 of 2002 accused and his gang fired upon Munna Choudhary. He was kidnapped in injured conditions and was thereafter killed and his body was disposed off. Such was the terror of the accused person that when the case was tried in the general court, 21 prosecution witnesses including the parents and sisters of the deceased as well as the investigating officers turned hostile due to fear created by the petitioner. Presently, this case is being tried in the Court at Siwan Jail, where the father and mother of the deceased have filed their affidavits stating that they were coerced and threatened by the petitioner and his gang, therefore, they could not depose against him. (f) That the distance between the District Court Siwan and the Court at Siwan Jail is about one kilometer. From the jail gate to District Court there is one way which passes through narrow bridge over a river. This area is densely populated and is a market area of the town. Whenever, the accused was produced in the District Court in the past, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est to the Patna High Court for designation of Court of Sessions and Court of Judicial Magistrate, 1st Class inside the Siwan Jail Premises for expeditious trial of the cases pending against the appellant. After evaluating and assessing the entire situation, the notification was issued by the Patna High Court as also by the State Government with the consultation of Patna High Court for sitting and establishment of courts for expeditious trial of cases pending against the appellant. 40. Mr. Ranjit Kumar next submitted that Notification No. 184A dated 20.5.2006 was issued by the Patna High Court in exercise of its power conferred under section 9(6) of the Code. Mr. Kumar further submitted that Section 9(6) is in two parts. First part pertains to the statutory power of the High Court and the Second part pertains to the judicial power of the Sessions Court. Notification No.184A dt.20.05.2006 pertains to the first part. 41. According to the learned counsel for the State, the audi alteram partem rule would not be applicable to the first part but the second part. Therefore, the challenge by the appellant on the ground of breach of the audi alteram partem rule is unsustainable. 42. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctioning of the court warranting trials of his cases inside the jail. The Superintendent of Police formed an opinion and forwarded it to the District Magistrate. The State drew the attention of the High Court and the High Court decided to act on it. There is nothing sinister or clandestine in this. The opening and the closing lines of the opinion forwarded by the Superintendent of Police of the District to the District Magistrate speak of the desire of the High Court qua trial of the appellant. 48. He further submitted that during the course of the hearing, the appellant was permitted inspection of the High Court records. Based on it, the appellant has set out a new case during the course of arguments in rejoinder. 49. According to the learned counsel for the State, the submission of the appellant that there was variance between the Notification No. 184A in English and the Notification No.184 Ni in Hindi is wholly untenable. (This has been explained both by the State and the High Court to mean appointment in English and niyukti in Hindi.) 50. Learned counsel for the State further submitted that the contention of the appellant that absence of a serial order in the publicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side the District Jail, Siwan for expeditious trial of cases against the appellant. h. Letter No.5144 dated 20th May 2006 being the copy of letter at Sl.No.7 was sent by the High Court to the Secretary, Department of Personnel and Administrative Reforms for information and necessary action. i. Letter No.5145 dated 20th May, 2006 was sent by the Registrar General of the High Court to Superintendent, Government Printing Press, Gulzarbagh for publication of the notification No.184A dated 20th May, 2006 in the next issue of Bihar gazette (copy of this letter was also submitted by the Counsel for appellant in the High Court during the course of hearing on the last day). j. The Patna High Court notification dated 20 th May, 2006 issued under Section 9(6) of the Code was forwarded by the Registrar General of the High Court vide letter Nos.5146-49 of even date to the District and Sessions Judge/The Chief Judicial Magistrate, Siwan/Secretary to the Government of Bihar (Law), Judicial Department, the Secretary, Department of Personnel and Administrative Reforms for information and necessary action. 52. It will, thus, be seen from the above chronology that after the High Court took t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in Chapter-VI of the Constitution relating to Subordinate Courts and the notification is in the nature of a sanction to prosecute the appellant within the Siwan Jail premises in the courts of Sessions Division and the Judicial Magistrate. The notification issued, therefore, in other proceedings during the trial would clearly come within the purview of Section 465 of the Code. It would also come within the words irregularities in any sanction for the prosecution . If the arguments of the appellant were to be upheld that the notification is bad because of non-gazetting thereof, prior to the State gazette notification inasmuch as the notification of the High Court having been issued on 16th August, 2006, it is stated that the delay, if any, would only amount to an irregularity and nothing more. Even for the said irregularity the appellant would have to lay foundation in the pleadings and prove to the court that there has been a failure of justice in his case. 56. In fact the appellant himself admitted in the summary of submissions in rejoinder that new points could be raised so long as they did not cause surprise to the other side or at another place new point must be capable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 04) 4 SCC 158, particularly on Para 36 of the judgment. The relevant portion of Para 36 of the judgment reads as under: 36. ..Each one has an inbuilt right to be dealt with fairly in a criminal trial. Denial of a fair trial is as much injustice to the accused as is to the victim and the society. Fair trial obviously would mean a trial before an impartial Judge, a fair prosecutor and atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. 60. Mr. Kumar further submitted that when the notification of 20th May, 2006 was issued by the High Court, it is expected that the judges of the High Court would take care of all aspects including the interest of the accused. According to him, section 9(6) of the Code is in two parts. The first part is when the notification is issued by the High Court, then it is presumed that they would take into consideration the interests o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ridhar Mirajkar (supra). In this case, the court emphasized the importance of public trial, but at the same time noted that they cannot overlook the fact that the primary function of judiciary is to do justice between the parties and that it was difficult to accede to the proposition that there can be no exception to the rule that all cases must be tried in open court. 64. Mr. Kumar contended that all the questions which have been raised by Mr. Ram Jethmalani were raised before this Court in the case of Kehar Singh s case (supra). This Court has answered to all those questions in the said case against the appellant herein. In this case, a three Judge Bench of this Court has given three separate judgments. Reliance has been particularly placed on paragraphs 21 to 24. On interpretation of section 9(6) of the Code, Oza, J. in paras 21 and 22 at pages 635 to 636 observed as under: 21. . On the basis of this language one thing is clear that so far as the High Court is concerned it has the jurisdiction to specify the place or places where ordinarily a Court of Sessions may sit within the division. So far as any particular case is to be taken at a place other than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be permitted to attend and while passing those orders the learned trial Judge had indicated that for security and other regulations it will be open to Jail authorities to regulate the entry or issue passes necessary for coming to the Court and on the basis of these circumstances and the situation as it was in Tihar Jail it was contended that the trial was not public and open and therefore on this ground the trial vitiates. It was also contended that provisions contained in Section 327 Cr.P.C. clearly provides that a trial in a criminal case has to be public and open except if any part of the proceedings for some special reasons to be recorded by the trial court, could be in camera. It was contended that the High Court while exercising jurisdiction. under Section 9(6) notified the place of trial as Tihar Jail, it indirectly did what the trial court could have done in respect of particular, part of the proceedings and the, High. Court has no jurisdiction under Section 327 to order trial to be held in camera or private and in fact as the trial was shifted to Tihar Jail it ceased to be open and public trial. Learned counsel on this part of the contention referred to decisions from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d are being dealt with elsewhere in the judgment. 68. In the concurring judgment, Ray, J. has specifically dealt with this aspect of the case. On interpretation of Section 327 Cr.P.C., the Court observed as under: .It is pertinent of mention that Section 327 of the Cr.P.C. provides that any place in which any criminal court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open court, to which the public generally may have access, so far as the same can conveniently contain them. The place of trial in Tihar Jail according to this provision is to be deemed to be an open court as the access of the public to it was not prohibited. Moreover, it has been submitted on behalf of the prosecution that there is nothing to show that the friends and relations of the accused or any other member of the public was prevented from having access to the place where trial was held. On the other hand, it has been stated that permission was granted to the friends and relations of the accused as well as to outsiders who wanted to have access to the court to see the proceedings subject, of course, to jail regulations. Section 2(p) Criminal Procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to ensure fair administration of justice, it is a means, not an end. It is the fair administration of justice which is the end of judicial process, and so, if ever a real conflict, arises between fair administration of justice itself on the one hand, and public trial on the other, inevitably, public trial may have to be regulated or controlled in the interest of administration of justice. 70. In this case, Shetty, J. in his concurring judgment also elaborately dealt with this aspect of the matter and observed as under: The right of an accused to have a public trial in our country has been expressly provided in the code, and I will have an occasion to consider that question a little later. The Sixth Amendment to the United States Constitution provides "In all criminal prosecution, the accused shall enjoy the right to a speedy and public trial by an impartial jury..." No such right has been guaranteed to the accused under our Constitution. 71. The Court observed that the trial in jail is not an innovation. It has been there before we were born . The validity of the trial with reference to Section 352 of the Code of 1898 since re-enacted as Section 327(1) has been the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 78. Mr. Pravin Parekh, the learned senior counsel appearing for the High Court submitted that the Law Secretary, Government of Bihar vide letter No. 1-C(R) dated 7.5.2006 wrote to the Registrar General of the Patna High Court that the Patna High Court may kindly be moved for trial of cases pending against Md. Shahabuddin in Siwan Jail by constituting two special courts, one each of Additional Sessions Judge and another of Judicial Magistrate 1st Class. 79. Mr. Parekh pointed out that the Superintendent of Police, Siwan vide his letter No. 1493 dated 8.5.2006 wrote to the District Magistrate that more than forty cases were pending against Mohd. Shahabuddin and directions had been received from the Patna High Court to dispose of those cases expeditiously. It is stated that there was a serious danger to public peace during the presence of the appellant in the court premises. His supporters and other co-criminals could attack the witnesses. Even the possibility of threat and attack on the public prosecutor/district prosecuting officer could not be ruled out. Besides this, since he was wanted in many cases, therefore, other criminal groups could also attack him. Since he was a sitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Md. Shahabuddin inside the District Jail, Siwan. 82. Accordingly, a note requesting for placing the aforesaid matter for consideration of the Standing Committee was put up by the Registrar General on 9.5.2006 to the Chief Justice of Patna High Court by enclosing both the letters of Superintendent of Police, Siwan and the District Magistrate dated 8.5.06 along with the Law Secretary s letter dated 9.5.06 by enclosing three precedents in respect of designation of the Special Courts for the trial of: (a) Accused person relating to the cases of Lakshmanpur (Bathe), Jerhanabad carnage; (b) Cases relating to Narainpur (Jehanabad) massacre; (c) Sessions trial No. 115 of 2006 (State vs. Anandmohan Ors.) relating to murder of G. Krishnaiyyah, the then District Magistrate, Gopalganj and for earmarking court of the Additional District Sessions Judge. 83. Mr. Parekh further submitted that the Chief Justice of Patna High Court directed that the matter be put up before the Standing Committee. A list of the Additional Sessions Judges for trial of sessions cases and list of the Special Magistrates was also placed for kind consideration of the Standing Committee. 84. Accordingly, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 184A dated 20.5.2006 was issued by the Patna High Court by which the premises of the District Jail, Siwan will be place of sitting of the Court of Sessions. 88. Mr. Parekh also pointed out that vide letter No. 5137/Admn (Appointment) dated 20.5.2006, Mr. Gyaneshwar Srivastava, Additional District and Sessions Judge, Darbhanga was designated as the Presiding Officer (Special Judge) of the Special Court of the Additional District and Sessions Judge being constituted inside the District Jail, Siwan for the expeditious trial of Sessions Cases pending against Mohd. Shahabuddin. 89. Similarly, vide letter No. 5139, the Registrar General informed the Law Secretary that the Patna High Court had been pleased to accept the proposal of the State Government for establishment of a Special Court of Judicial Magistrate, 1st Class inside the District Jail, Siwan for the expeditious trial of cases pending against Mohd. Shahabuddin. The Registrar General vide letter No. 5141 dated 20.5.2006 informed the Secretary Department (Personnel) that Patna High Court has been pleased to recommend the name of Shri Vishwa Vibhuti Gupta, Judicial Magistrate, 1st Class, Siwan for his designation as the Presi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shing two Special Courts inside the Siwan Jail for trying the cases of Md. Shahabuddin, M.P. from Siwan constituency, as the impugned notifications were issued in pursuance to the direction of the Patna High Court vide its notification dated 20.5.2006. 96. According to Mr. Parekh, the contentions raised by the appellant in the present appeal have been rejected by a three- Judge Bench of this court in Kehar Singh s case. It has been held that: The High Court need not afford hearing to accused before fixing place of sitting of Sessions Court. Under Section 9(6) Cr.P.C. the High Court has the jurisdiction to specify the place or places where ordinarily a Court of Session may sit within the division. There is no error if the Sessions trial is held in Tihar Jail after such a notification has been issued by the High court. As soon as a Court holds trial in a venue fixed for such trial, it is deemed to be an open Court under Section 327, irrespective of the place of trial whether it is a private house or a jail and everyone has a right to go and attend the trial. The High Court can fix a place other than the Court where the sittings are ordinarily held if the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The judicial power of the court intended to avoid hardship to the parties and witnesses in particular. One is independent of and unconnected with the other, the exercise of which is conditioned by mutual consent of the parties. The court further observed that the exercise of that power has to be narrowly tailored to the convenience of all concerned. It cannot be made use for any other purpose. The limited judicial power of the Court of Session should not be put across to curtail the vast administrative power of the High Court. 100. In response thereto, Mr. Jethmalani, the learned senior counsel for the appellant pointed out in the rejoinder that there is no law that a bad character person should be tried by a Special Court. He submitted that Notification dated 20th May, 2006 was not gazetted before the consequential notification dated 7th June, 2006 was issued. He has referred to the definitions of notification , official Gazette and Gazette in the Criminal Procedure Code. According to the definition given in the Code, the word notification means a notification published in the Oficial Gazette. Official Gazette or Gazette shall mean the Gazette of India or the Officia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t must be added that one of the exceptions to the rule of audi alteram partem is the denial of hearing by implication. D. D. Basu in his celebrated book mentions: (a) Where the statute classifies different situations and while, in some cases, it makes it obligatory to give a hearing to the party to be affected by the proposed order, in some other specified circumstances, such as an emergency or the avoidance of public injury, no such hearing is required because of the nature of the exceptional situation. [Basu, Durga Das, Administrataive Law, Sixth Edition, 2004 at pg. 288] 105. It is therefore, clear that there is no statutory right for the appellant to be heard. However, common law and the principles laid down in the Constitution lay down that even in administrative action there must be minimum standards that are to be maintained. In State Bank of Patiala Others v. S.K. Sharma (1996) 3 SCC 364 this court ruled: The objects of the principles of natural justice - which are now understood as synonymous with the obligation to provide a fair hearing is to ensure that justice is done, that there is no failure of justice and that every person whose rights are goin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on in the same court building. Therefore, there is no violation of the principles of natural justice in shifting the trials of the cases of the appellant from a regular court to a special court. 111. When there is no prima facie violation of the principles of natural justice then one must test whether there is need for a judicial review of the orders of shifting the trials. The Privy Council in Alfred Thangarajah Durayappah of Chundikuly v. W.J. Fernando Others (1967) 2 AC 337 laid down that it was neither possible nor desirable to classify exhaustively the cases in which a hearing is required but three factors must be borne in mind (1) The nature of the property or office held or status enjoyed by the complainant. (2) The circumstances in which the other deciding party is entitled to intervene. (3) When the latter's right to intervene is proved, the sanctions he can impose on the complainant. 112. The subject matter in the present case is the open trials for the appellant. There is a claim that it is being vitiated by holding the trial in the jail. Here again there is doubt as to whether the first requirement has been vitiated by the decision of the High Court. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Robert England the Court 83 Cal. App. 4th 772 (2000) of Appeals of California held that reasonable restrictions, like security checks should be allowed. The court found: In this case, the court did not close the trial to the public. Defendant argues only that it was more difficult for the public to attend because some people would be dissuaded from attending a proceeding held on prison grounds and some would resent having to identify themselves to prison officials to gain access to the grounds. Neither concern impacts defendant's right to a public trial. As noted previously, because the courtroom was located outside the actual prison wires, there was little possibility that the public might come into contact with inmates or otherwise be exposed to prison activities. That some people might not want to go to a courtroom located on prison grounds is irrelevant to determining whether a trial was public. Other individuals might not want to go downtown to an urban courtroom, while others might not want to drive long distances in rural areas to attend a courtroom located in another town. These individual predilections do not make what is otherwise a public trial any less ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any failure in procedure or the like, there was a breach of natural justice. On this approach, the position under the first limb is almost indistinguishable from that under the second limb. One should not find a breach of natural justice unless there has been substantial prejudice to the applicant as a result of the mistake or error that has been made. 124. In R. Balakrishna Pillai v. State of Kerala (2000) 7 SCC 129, this Court observed regarding adherence to the Principles of Natural Justice. Relevant para is reproduced as under: It is true that one of the principles of the administration of justice is that justice should not only be done but it should be seen to have been done. However, a mere allegation that there is apprehension that justice will not be done in a given case is not sufficient. 125. In Jankinath Sarangi v. State of Orissa (1969) 3 SCC 392, this court pointed out that there is no carte blanche rule of setting aside orders. Hidayatullah CJ, ruled: There is no doubt that if the principles of natural Justice are violated and there is a gross case, this Court would interfere by striking down the order of dismissal; but there are cases and cases. We have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le on record favour public trial or open trial as a rule. 130. Cooley, J. in his well known book Cooley s Constitutional Law, Vol I, 8th edn., at page 647 observed as under: It is also requisite that the trial be public. By this is not meant that every person who sees fit shall in all cases be permitted to attend criminal trials; because there are may cases where, from the character of the charge and the nature of the evidence by which it is to be supported, the motives to attend the trial on the part of portions of the community would be of the worst character, and where a regard for public morals and public decency would require that at least the young be excluded from hearing and witnessing the evidences of human depravity which the trial must necessarily bring to light. The requirement of a public trial is for the benefit of the accused; that the public may see he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility into the importance of their functions; and the requirement is fairly observed if, without partiality of favouritism, a reasonable proportion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and other Public Servants. The people may see that the accused is fairly dealt with and not unjustly condemned. There is yet another aspect. The courts like other institutions also belong to people. They are as much human institutions as any other. The other instruments and institutions of the State may survive by the power of the purse or might of the sword. But not the Courts. The Courts have no such means or power. The Courts could survive only by the strength of public confidence. The public confidence can be fostered by exposing Courts more and more to public gaze.133. Beth Hornbuckle Fleming in his article "First Amendment Right of Access to Pretrial Proceeding in Criminal Cases" (Emory Law Journal, V.32 (1983) P.619) neatly recounts the benefits identified by the Supreme Court of the United States in some of the leading decisions. He categorizes the benefits as the "fairness" and "testimonial improvement" effects on the trial itself, and the "educative" and "sunshine" effects beyond the trial. He then proceeds to state; Public access to a criminal trial helps to ensure the fairness of the proceeding. The presence of public and press encourages all participants to perform th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the press were denied access to avoid adverse publicity. The closure was also to ensure that the defendants' right to a fair trial was not jeopardized. The Supreme Court addressed to the question whether the public has an independent constitutional right of access to a pretrial judicial proceedings, even though the defendant, the prosecution, and the trial Judge had agreed that closure was necessary. Explaining that the right to a public trial is personal to the defendant, the Court held that the public and press do not have an independent right of access to pretrial proceedings under the Sixth Amendment. 135. Although the Court in Gannett held that no right of public access emanated from the sixth Amendment it did not decide whether a constitutional right of public access is guaranteed by the first amendment. This issue was discussed in great detail in Richmond Newspaper (supra). This case involved the closure of the court-room during the fourth attempt to try the accused for murder. The United States Supreme Court considered whether the public and press have a constitutional right of access to criminal trials under the first amendment. The Court held that the first and fourte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t case, it is necessary to maintain the discipline of the court which is not only trying the case of the appellant but a large number of other cases which were getting delayed by the presence of a large number of supporters. 139. The appellant is claiming that his right to a public trial has been vitiated by the court being set up inside the jail. The State must demonstrate that: (a) nobody is being denied entry to the court room as long as they agree to the regular security checks and (b) there is a clear and logical reason as to why the case was transferred from the Siwan courthouse to the Siwan Jail. 140. The second argument of the appellant is that the notification was not made available to him on time and therefore the proceedings are void. In Managing Director, ECIL, Hyderabad etc. etc. v. B. Karunakar etc. etc. (1993) 4 SCC 727 a Constitution Bench took the view that before an employee is punished in a disciplinary enquiry, a copy of the enquiry report should be furnished to him (i.e., wherever an enquiry officer is appointed and he submits a report to the Disciplinary Authority). It was held that not furnishing the report amounts to denial of natural justice. At the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be any exception to the universal rule that all cases must be tried in open court. In a case of extraordinary nature, the universal rule of open trial may not be adhered to. This is the settled legal position crystallized by a three-Judge Bench of this court in Kehar Singh case (supra). The High Court looking to the exceptional and extraordinary circumstances can take such a decision and no personal hearing is warranted before taking such a decision. 147. The test as laid down by this Court in Kehar Singh s case (supra) is whether public could have reasonable access to the court room. The court noted: It may now be stated without contradiction that jail is not a prohibited place for trial of criminal cases. Nor the jail trial can be regarded as an illegitimate trial. There can be trial in jail premises for reasons of security to the parties, witnesses and for other valid reasons. The enquiry or trial, however, must be conducted in open Court. There should not be any veil of secrecy in the proceedings. There should not even be an impression that it is a secret trial. The dynamics of judicial process should be thrown open to the public at every stage. The public must have reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notification was not given to the appellant but on the directions of this court the same was made available to the appellant. So there is no surviving grievance of the appellant as far as this aspect of the matter is concerned. II. The decision to hold the trials of cases of the appellant in jail was taken in pursuance to the notification dated 20.5.2006 issued by the High Court of Patna. The State Government issued two notifications on 7th June, 2006 in pursuance to the notification of the High Court dated 20.5.2006. It became imperative for the State to issue the said notification because the new venue of the trial, i.e., Siwan Jail was not within the control of the High Court. III. I hold that these three notifications, one issued by the High Court dated 20.5.2006 and two issued by the State Government on 7.6.2006 are valid and were issued in consonance with the provisions of law. IV. The High Court in view of the extraordinary facts and circumstances of a particular case is empowered to change the venue of the pending case/trial without hearing the appellant and this would not violate appellant s fundamental rights under Articles 14 and 21 or any other provision of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a writ petition in the High Court of Patna wherein he challenged the legality and validity of the aforesaid three notifications. 4. The appellant was arrested in connection with the Siwan P.S. Case No. 8 of 2001 and was remanded to judicial custody on 13.8.2003 and he continued to remain in custody till 18.02.2005 till he was granted bail by the Patna High Court on 10.02.2005. A number of other cases came to be lodged against him and he was re-arrested and detained in Beur Jail, Patna under the provisions of the Bihar Control of Crimes Act, 1981. Though the aforesaid order of detention was set aside, still the appellant continued to remain in custody in connection with other cases that had been lodged against the appellant. 5. The notification dated 20.05.2006 notified the decision of the Patna High Court that the premises of the District Jail, Siwan would be the place of sitting of the Court of Sessions for the Sessions Division of Siwan for expeditious trial of sessions cases pending against the appellant namely Md. Shahabuddin. By issuing the other two notifications dated 07.06.2006, the Government of Bihar directed that the Court of Additional District and Sessions Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that the trial held in the District Jail, Siwan cannot be said to be an open court and, therefore, there was violation of Section 327 of the CrPC as also violation of the right to have a fair and open trial. 7. All the aforesaid submissions made by the appellant before the High Court were considered by the High Court and by its impugned judgment and order dated 14.08.2007, the same were held to be without merit and consequently, the writ petition was dismissed. 8. Being aggrieved by the aforesaid judgment and order passed by the High Court, the present appeal was preferred by the appellant in which notice was issued. The learned counsel appearing for the parties argued the case in extenso and in conclusion of the same the judgment was reserved. 9. Mr. Ram Jethmalani, learned senior counsel appearing for the appellant made extensive arguments during the course of which he even travelled beyond the pleadings filed in the writ petition to which reference shall be made during the course of present discussions on the various arguments raised before this Court. On the basis of the pleadings and the arguments advanced and on consideration thereof, the following legal issues ari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ession. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx (6) The Court of Sessions shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Section 11 of the CrPC reads as follows: 11. Courts of Judicial Magistrates. (1)In every district (not being a metropolitan area), there shall be established as many, Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: [Provided that the State Government may, after consultation with the High Court, establish, for any, local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class to try a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vision could be made only in respect of the pending cases of which cognizance has been taken and evidence recorded only after resorting to the principles of audi alteram partem, that is, upon opportunity of hearing having been given to the party as the interest of the party to have a fair and open trial is involved in the case and consequently such a power could be exercised only under the provisions of Section 9(6) of CrPC which could only be done after hearing the parties. Mr. Jethmalani also submitted that if the administrative power of the High Court is construed as applicable to a pending case and without any duty of affording an opportunity of hearing, Section 9(6) should be considered as constitutionally invalid being opposed to Articles 14 and 21 of the Constitution of India. He also submitted that the power under Section 9(6) could not have been exercised either by the High Court or by the State Government and also that even if it is held that the High Court has such a power vested in it under Section 9(6), the same could be exercised only in consonance with the intention of the legislature gathered from the provisions. Another connected issue which was raised was whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Court of Sessions may hold its sittings at a place other than the place or places notified by the High Court. Being an exception to the general rule, the power of the Court of Sessions to change the venue of a trial is circumscribed and could be exercised by the Court of Sessions only on the fulfillment of the aforesaid condition and only on the ground that such change in the venue of trial will tend to the general convenience of the parties and witnesses and cannot be exercised for any other purpose or on any other ground. Moreover, the said power can be exercised only with reference to a particular case. The expression particular case as used in the second part of Section 9(6) connotes a single or specific case as opposed to a bunch or class of cases. Being an exception to the general rule, the conditions, subject to the fulfilment of which the power to shift the venue of the trial may be exercised by the Court of Sessions, have to be strictly construed. Thus, where the conditions specified under the second part of Section 9(6) of the Code are not complied with, the Court of Sessions has no power to shift the venue. In such a case, the power of shifting the venue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a shift simpliciter in the venue of the trial, without there being anything more. In such circumstances, the present case cannot be said to be a case of transfer to which the provisions of Section 407 are attracted. 17. Now what remains to be examined is whether the rule of audi alteram partem should have been complied with when the High Court notified a shift in the venue of the trial. The power of the High Court under section 9(6) to notify a particular place or places where the Court of Sessions shall ordinarily hold its sitting is an administrative power unlike the power of the Court of Sessions under second part of section 9(6) which is judicial in nature. Being so, the High Court was under no obligation to observe the rule of audi alteram partem. The said power undoubtedly is an administrative power exercisable by the High Court. This position was also made clear by the decision of this Court in Kehar Singh (supra) wherein it was observed as follows: 171. The argument that the first part of Section 9(6) should be read along with the second part thereof has, in the context, no place. The first part provides power to the High Court. It is an administrative power, intend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is true that if a statutory provision can be read consistently with the principles of natural justice, the courts should do so because it must be presumed that the Legislatures and the statutory authorities intend to act in accordance with the principles of natural justice. But if on the other hand a statutory provision either specifically or by necessary implication excludes the application of any or all the principles of natural justice then the court cannot ignore the mandate of the Legislature or the statutory authority and read into the concerned provision the principles of natural justice. Whether the exercise of a power conferred should be made in accordance with any of the principles of natural justice or not depends upon the express words of the provision conferring the power, the nature of the power conferred, the purpose for which it is conferred and the effect of the exercise of that power. (emphasis supplied) 20. In Haradhan Saha v. State of W.B. (1975) 3 SCC 198, at page 208, a five judge Bench of this Court reiterated the aforesaid view as follows: 30. Elaborate rules of natural justice are excluded either expressly or by necessary implication where procedura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ries Ltd. v. State of Haryana (2009) 3 SCC 553. 24. Further, it is a well established principle of statutory interpretation that the legislature is specially precise and careful in its choice of language. Thus, if a statutory provision is enacted by the legislature, which prescribes a condition at one place but not at some other place in the same provision, the only reasonable interpretation which can be resorted to by the courts is that such was the intention of the legislature and that the provision was consciously enacted in that manner. In such cases, it will be wrong to presume that such omission was inadvertent or that by incorporating the condition at one place in the provision the legislature also intended the condition to be applied at some other place in that provision. 25. On a detailed and proper interpretation of Section 9(6) of CrPC there can be only one opinion that it was not necessary for the High Court to observe or comply with the rule of audi alteram partem before notifying a shift in the venue of the trial, for such power of the High Court under Section 9(6) of the CrPC to notify a particular place or places where the Court of Sessions shall ordinarily hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foresaid submission of the learned senior counsel appearing for the appellant was strongly refuted by Mr. Ranjit Kumar, learned senior counsel appearing for the State of Bihar and also by Mr. P.H. Parekh, learned senior counsel appearing for the High Court of Patna. 31. Mr. Ranjit Kumar specifically submitted that neither such plea was raised in the writ petition nor argued before the High Court nor any such issue was raised before this Court and, therefore, such an issue cannot be raised for the first time at the time of hearing of the present appeal. Mr. Jethmalani, however, tried to repel the aforesaid objection taken by Mr. Ranjit Kumar contending, inter alia, that the aforesaid issue being a legal one, the same could be amended and could be raised by him at any point of time. 32. I find force in the submissions of Mr. Ranjit Kumar, the learned senior counsel appearing for the State of Bihar that the issue which was sought to be raised about the non-publication of the notification in the official Gazette is a mixed question of law and fact and, therefore, the same should have been raised specifically in the writ petition and at least in this appeal petition. It also does no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... District Court, Siwan being impaired for, his supporters could create disturbance during hearing and that there could be murder and other serious law and order problems during the hearing of the cases of the appellant. 34. The District Magistrate after receipt of the aforesaid communication concurred with the report of the Superintendent of Police, Siwan and wrote to the Home Secretary, Bihar requesting for necessary action for construction of court rooms in District Jail for trial of cases relating to the appellant. The Law Secretary, Government of Bihar thereafter by his letter No. 361/C/2006 dated 09.05.2006 wrote to the Registrar General of the Patna High Court by enclosing a photocopy of the letters of the Superintendent of Police, Siwan and the District Magistrate, Siwan. He alleged that Md. Shahabuddin, the appellant was a high profile MP of Siwan having criminal antecedents, reportedly facing prosecution in more than 40 cases. He also mentioned in his report that his physical production in the court during the trial may be a source of menace to the public peace and tranquility, besides posing a great threat to the internal security extending to other prosecution witnesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entrusted the transfer and posting under the Annual General Transfer. It is also resolved that the Siwan Jail premises be notified as a place of sitting of Sessions Court and Magisterial Court under provisions of Section 9(6) of Criminal Procedure Code . 37. Subsequent thereto, another note was prepared by the Joint Registrar (Establishment) on 17.05.2006 which was placed before the Registrar General in which it was pointed out that Section 9(6) of the CrPC related only to the Court of Sessions and not to the Judicial Magistrate and, therefore, a request was made to place the matter before the court for necessary orders. After obtaining the order of the Registrar General and the Chief Justice of the Patna High Court to the aforesaid extent the matter was placed before the Standing Committee which in its meeting dated 18.05.2006 decided as under: It is resolved that the minutes of the proceeding of the last meeting of the Standing Committee held on 11th May, 2006, be approved, with the only modification that in the last line of agenda item No. (4) after section 9 sub-section (6) and Section 11 sub-section (1) of the Code of Criminal Procedure, 1973, respectively be added . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hed the two Notifications bearing No. 1452 dated 07.06.2006 with S.O. 80 and 82 in the Bihar Gazette (Extra Ordinary Edition) which were assailed by the appellant. The Personnel Department also issued the Notification Nos. 5556 and 5557 dated 12.06.2006 regarding appointment of Presiding Officer for the said two Special Courts. 42. It is therefore conclusively established that the High Court took all necessary steps to get the notification issued and published in the official gazette. If however the Government Press took some time to get the notification published in the official gazette, the High Court cannot be blamed for it nor could the notification be declared to be void particularly when it was so published in the official gazette, as it is established from the records placed before us, although after some delay. The appellant also failed to prove before us and had also failed to plead before the writ Court that the said notification issued by the High Court is void on the ground of non-publication of the same in the official gazette. The appellant has not even pleaded such ground in the writ petition or in the Memorandum of Appeal nor placed any evidence before us to show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t within the District Jail, Siwan, any further notification by the State Government making the jail premises available for the said purposes cannot be said to be illegal and void. 45. I am, therefore, of the considered view that there is no infirmity in establishing both the Special Courts i.e. the Court of Additional District and Sessions Judge to try sessions cases pending against the appellant and the Court of Judicial Magistrate, First Class to try the cases pending against the appellant in the Court of Judicial Magistrate, First Class, inside the premises of the District Jail, Siwan as the notification under Section 9(6) was issued in accordance with the provisions of law by the High Court of Patna and subsequent notification was also issued by the Government of Bihar in consultation with the Patna High Court. 46. Another issue which was raised by the learned senior counsel appearing for the appellant was that the notification dated 07.06.2006 issued by the State Government apart from referring to the provisions of Section 9 of the CrPC also refers and relies upon the provisions of Section 14 (1) of the Bengal, Assam and Agra Civil Courts Act, 1887. It was submitted that s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e jail premises for the purpose of holding the Sessions Court, the provisions of the CrPC would be applicable under sub-section (6) of Section 9 of the CrPC. The aforesaid contention, therefore, is also without merit and is rejected. 50. The next contention which was raised by the learned senior counsel appearing for the appellant was that the aforesaid power and jurisdiction could not be exercised by the High Court in respect of the trials relating to one particular individual pending in one Sessions Division. It was further contended that if at all such power was exercisable, it could be exercised only with regard to new cases. If the power could be exercised by the High Court for establishing a new court, the same could be created for a group of cases or a class of cases. There were about 40 cases pending against the appellant and they were being tried in different courts creating difficulties for conducting the cases at various courts both for the prosecution as also to the appellant. That also created a number of problems as mentioned in the letter dated 08.05.2006 of the Superintendent of Police, Siwan which was affirmed by the District Magistrate. The Law Secretary, Govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also of the provision contained in Section 327 of CrPC. This issue was extensively argued by the learned senior counsel appearing for the appellant. However, learned senior counsel appearing for the respondent vehemently repelled the aforesaid submission and submitted that the grievance of the appellant with regard to a fair trial not being meted out to him in the jail is unfounded. It was further submitted that only because the trial is being conducted against the appellant in the jail premises, it cannot be said that the same was not open and public. 54. According to Black s Law Dictionary (6th Edition, 1990, p. 1091), an open court means a court to which the public have a right to be admitted. This term may mean either a court which has been formally convened and declared open for the transaction of its proper judicial business, or a court which is freely open to spectators. In R. v. Denbigh Justices, (1974) 2 All ER 1052, 1056 (QBD), it was held that the presence or absence of the press is a vital factor in deciding whether a particular hearing was or was not in the open Courts. It was further held that if the press has been actively excluded, the hearing is not in the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be deemed to be an open court to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room building used by the court. (2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, section 376C or section 376D of the Indian Penal Code (45 of 1860) shall be conducted in camera: Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the court. (3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings, except with the previous permission of the court. 56. Learned counsel appearing for the respondent brought to our notice that on the direction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed and the cases were to be conducted and disposed of in accordance with the ordinary criminal procedure as prescribed under the CrPC. I am, therefore, of the considered opinion that no prejudice was caused to the appellant while shifting the cases to the Special Courts situated inside the premises of District Jail, Siwan. Therefore, I am of the considered view that there is no violation either of Section 327 or of Articles 14 and 21 of the Constitution. 58. In light of the aforesaid discussion, although aforesaid issues were raised before us for challenging the legality and the validity of the three notifications which were issued by the respondents for holding the trial of cases pending against the appellant in one Sessions Division and for constituting and establishing two Special Courts i.e. the Court of Additional District and Sessions Judge to try sessions cases pending against the appellant and the Court of Judicial Magistrate, First Class to try the cases pending against the appellant in the Court of Judicial Magistrate, First Class, within the premises of the District Jail, Siwan, I find no merit and force in the submissions of the learned senior counsel appearing for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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