A special bench of the Madras High Court has ruled that the committal of cases involving the provisions of the Explosive Substance Actto the sessions court for bomb blast cases in Chennai or Coimbatore cannot be directly made by a Magistrate.
A special division bench said transferring the sessions cases mechanically without ascertaining the stage of the case or its sensitive nature would defeat the object of the circular issued by the Registrar General of the Court besides prejudice the accused in getting his or her case disposed of at an early date.
The bench of Justices R Subbiah and G Jayachandran gave the ruling on June 14.
Petitions were filed by M Manimuthu and five others challenging theorders passed by the principal district and Sessions Judges of various districts in this regard.
Allowing the pleas, the bench said theMagistrate shall commit the sessions case involving an offence punishable under the Act only to the court of the District and Session Judge of his/her district.
After committal, it is open to the district and session judge to make over the case to the sessions court for bomb blast cases at Chennai or Coimbatore, provided the special court has territorial jurisdiction over that district, taking into consideration the sensitive nature of the cases.
The bench directed that the cases be re-transferred to the sessions court concerned within two weeks.
The principal district sessions court/district sessions court/chief judicial magistrates concerned shall take back the sessions case on their file and dispose of the same as expeditiously as possible, the bench added.
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