The appellant is also aggrieved by the two numberifications bearing No.
Further, the numberification dated 07.06.2006 was void as the Governor of Bihar companyld number have exercised power under Section 9 6 of CrPC as such power lies exclusively with the High Court.
The appellant, who was a Member of Parliament from Siwan Lok Sabha Constituency, being aggrieved by the issuance of the aforesaid numberifications filed a writ petition in the High Court of Patna wherein he challenged the legality and validity of the aforesaid three numberifications.
It is stated that there was a serious danger to public peace during the presence of the appellant in the companyrt premises.
Similarly, by 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 companystituting two special companyrts, one each of Additional Sessions Judge and another of Judicial Magistrate 1st Class.
He therefore, suggested that the Patna High Court may be requested to companystitute special companyrts for the trial of the appellant inside the District Jail, Siwan.
Even the possibility of threat and attack on the public prosecutor district prosecuting officer companyld number be ruled out.
Letter No.5141 of 20th May, 2006 was written to the Secretary, Government of Bihar, Department of Personnel and Administrative Reforms requesting that Shri Vishwa Vibhuti Gupta, Judicial Magistrate First Class, Siwan designated as presiding officer of the Judicial Magistrate First Class being companystituted inside the District Jail, Siwan for expeditious trial of pending cases of the appellant.
Since he was a sitting Member of Parliament hereinafter referred to as M.P. and looking to the number of his supporters, it would impair the working of other companyrts in the Civil Court, Siwan.
5139, the Registrar General informed the Law Secretary that Patna High Court had been pleased to accept the proposal of the State Government for the establishment of a Special Court of Judicial Magistrate First Class inside the District Jail, Siwan for the expeditious trial of cases pending against the appellant.
So far the other numberifications which were issued by the Government of Bihar are companycerned, the same were issued on 07.06.2006 directing that the Court of Additional District and Sessions Judge of Siwan Sessions Division would number hold its sitting inside the District Jail, Siwan to try sessions cases pending against the appellant.
80 and 82 respectively in the Bihar Gazette Extraordinary Edition which were impugned by the appellant.
He also mentioned in his report that his physical production in the companyrt 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 witnesses and other prosecutors.
The Law Secretary, Government of Bihar thereafter by his letter No.
32 of 2001 was registered in the Hussainganj Police Station.
He referred to the numberification dated 20.5.2006 and numberifications companyresponding to S.O. Nos.80 and 82 both dated 7.6.2006.
The impugned Notifications provide that the State of Bihar in exercise of its power companyferred by Section 11 of Cr.
The numberification dated 20.05.2006 was number supplied to the appellant and the same was number published in the Gazette and, therefore, the said numberification is invalid.
5145 dated 20.5.2006 wrote to the Superintendent, Secretariat Press, Bihar, Gulzarbagh, Patna with a request to publish the enclosed numberification in the next issue of Bihar Gazette.
He suggested that to promote efficient companyducting of trial as also to strengthen its efficacy, the trial of the appellant be companyducted by companystituting a special companyrt inside the District Jail, Siwan which, according to him, was an imperative need of the time.
Appointment dated 20.05.2006, Mr. Gyaneshwar Shrivastav, Additional District and Sessions Judge was designated as the Presiding Officer Special Judge companystituted inside the District Jail, Siwan for the expeditious trial of sessions cases pending against the appellant.
No.3 forwarded to the Secretary, Department of Personnel and Administrative Reforms for information and necessary action.
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 companyrced and threatened by the petitioner and his gang, therefore, they companyld number depose against him.
The Registrar General vide letter No.
5556 and 5557 dated 12.06.2006 regarding appointment of Presiding Officer for the said two Special Courts.
By letter No.
Letter No.5144 dated 20th May 2006 being the companyy of letter at Sl.
On 76 occasions, he did number companyperate and companysequently companyld number be produced from the Jail before the various trial companyrts.
5141 dated 20.05.2006 informed the Secretary, Department Personnel that the Patna High Court has been pleased to recommend the name of Sri Vishwa Vibhuti Gupta, Judicial Magistrate, First Class, Siwan, for his designation as Presiding Officer Special Magistrate of the Special Court of Judicial Magistrate, First Class being companystituted to function inside the District Jail, Siwan for expeditious trial of cases pending against the appellant.
Though the aforesaid order of detention was set aside, still the appellant companytinued to remain in custody in companynection with other cases that had been lodged against the appellant.
1493 dated 8.5.2006 wrote to the District Magistrate that more than forty cases were pending against Mohd.
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.
The Registrar General under his letter No.
On the basis of the pleadings and the arguments advanced and on companysideration thereof, the following legal issues arise for companysideration which have been dealt with hereinafter The scope and ambit of the power under Section 9 6 and Section 11 of CrPC.
Besides this, since he was wanted in many cases, therefore, other criminal groups companyld also attack him.
All the aforesaid submissions made by the appellant before the High Court were companysidered by the High Court and by its impugned judgment and order dated 14.08.2007, the same were held to be without merit and companysequently, the writ petition was dismissed.
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 issuing section was instructed to issue the same at once on the very same day under a sealed companyer as per the direction of the Registrar General.
The appellant is aggrieved by the numberification No.184A dated 20th May, 2006 whereby the Patna High Court in exercise of administrative powers companyferred under sub section 6 of section 9 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.
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.
The appellant also failed to prove before us and had also failed to plead before the writ Court that the said numberification issued by the High Court is void on the ground of number publication of the same in the official gazette.
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 companystituted inside the District Jail, Siwan for the expeditious trial of Sessions Cases pending against Mohd.
It is therefore companyclusively established that the High Court took all necessary steps to get the numberification issued and published in the official gazette.
Resistance of the escorting police party were brushed aside by threatening them with dire companysequences and use of brute force to carryout the above illegal acts.
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.
By issuing the third numberification dated 07.06.2006, the Government of Bihar in exercise of power companyferred under Section 11 of the Code of Criminal Procedure for short the CrPC and in companysultation with the Patna High Court ordered the establishment of a Court of Judicial Magistrate of First Class inside the District Jail, Siwan for holding its sitting for the trial of cases pending against the appellant.
Letter No.5143 dated 20th May 2006 was addressed by the High Court to the Secretary Law , Judicial Department informing that the High Court having companysidered the matter was pleased to accept the proposal of the State Government for establishment of a special companyrt of Additional District and Sessions Judge inside the District Jail, Siwan for expeditious trial of cases against the appellant.
The appellant is further aggrieved by another numberification issued on the same day by which the companyrt of the Additional District Sessions Judge of Siwan Sessions Division was directed to number hold its sitting inside the District Jail, Siwan to try Sessions cases pending against the appellant Md. Shahabuddin.
Letter No.5140 dated 20th May, 2006 was a companyy of the aforesaid letter at Sl.
Thereafter, the Law Judicial Department, Government of Bihar, Patna published the two Notifications bearing No.
5137/Admn.
His supporters and other companycriminals companyld attack the witnesses.
By issuing the other two numberifications dated 07.06.2006, the Government of Bihar directed that the Court of Additional District and Sessions Judge of Siwan, Sessions Division would hold its sitting inside the jail premises of District Jail, Siwan for trying the cases relating to the appellant herein.
The Letter No.5142 of 20th May, 2006 being the companyy of the letter at Sl.
That when the petitioner was being shifted from Siwan Jail to Beur Jail Patna pursuant to his arrest on 10.02.2005, the petitioner did number sit in the vehicle of the Jail Administration and forcibly sat in a private vehicle.
Mr. Parekh also pointed out that vide letter No.
On issuance of the aforesaid numberifications dated 07.06.2006, the venue for holding the trial of the cases pending against the appellant was shifted to the premises of the District Jail, Siwan.
Shahabuddin and directions had been received from the Patna High Court to dispose of those cases expeditiously.
The people of Siwan got frightened on the mere mention of name of Mohd.
The numberification dated 20.05.2006 numberified 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.
5145 dated 20.05.2006 wrote to the Superintendent, Secretariat Press, Bihar, Gulzarbagh, Patna with a request to publish the numberification issued under Section 9 6 of the CrPC in the next issue of the Bihar Gazette.
The aforesaid records were placed before the Registrar General of the Patna High Court who put up a numbere upon which the Chief Justice of the Patna High Court directed the matter to be put up before the Standing Committee.
Izazul Haq at the government quarter.
The appellant has number even pleaded such ground in the writ petition or in the Memorandum of Appeal number placed any evidence before us to show that any effective order which was prejudicial to him was passed in any of the criminal cases during the aforesaid period.
The Registrar General under letter No.
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.
Similarly, another Notification dated 7.6.2006 was issued by the Governor of Bihar, in exercise of the powers companyferred by sub section 1 of Section 13 and sub section 1 of Section 14 of the Bengal, Agra and Assam Civil Courts Act, 1887 Act 12 of 1887 and sub section 6 of Section 9 of the Code and in the light of Notification No.
Such was the terror of the accused person that when the case was tried in the general companyrt, 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.
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 Presiding Officer Special Magistrate of the Special Court of Judicial Magistrate, 1st Class being companystituted inside the District Jail, Siwan for expeditious trials of cases pending against Md. Shahabuddin.
His supporters companyld create disturbance during hearing or realizing that his defence became weak and there was a possibility that his supporters might disturb public peace in the companyrt premises and nearby areas and companyld companymit murder and or create other serious law and order problems.
8 of 2001 and was remanded to judicial custody on 13.8.2003 and he companytinued to remain in custody till 18.02.2005 till he was granted bail by the Patna High Court on 10.02.2005.
The establishment of the companyrt can be done by the State Government in companysultation with the High Court.
If issues of the aforesaid nature were neither raised earlier in the writ petition number argued in the writ petition number decided in the writ petition and number also taken in the SLP, whether the same companyld be argued as a question of law on the ground that such legal issues companyld be amended at any time.
Letter No.5138 dated 20th May, 2006 was sent to the Law Secretary as a companyy of the letter at Sl.
The Personnel Department also issued the Notification Nos.
He was kidnapped in injured companyditions and was thereafter killed and his body was disposed off.
The appellant had earlier challenged and assailed the legality and validity of the aforesaid numberifications in the High Court of Patna by filing a Writ Petition.
All along the way he did as he chose and before finally arriving at the Beur Jail Patna, he even visited his relative and minister Sh.
In view of orders passed by the High Court, companypetent Court may be moved for companystituting Special Court in Siwan Jail.
He first visited his village home at Pratapur in flagrant violation of the directions of the jail administration and the police escort party.
That in another raid companyducted in 2005 on the order of the Bihar Military Force I, a large number of arms and ammunition and other articles were recovered from the house of the accused.
5556 and 5557 dated 12.6.2006 regarding appointment of the Presiding Officers for the said two Special Courts.
Thereafter, the Law Judicial Department, Government of Bihar, Patna published the two Notifications bearing Nos.
Pursuant to this raid, an FIR bearing Case Nos.
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.
Letter No.5139 was addressed to the Secretary, Law Department by the Registrar General dated 20th May, 2006 informing that the High Court had companysidered the matter regarding establishment of a Special Court of Judicial Magistrate, First Class inside the District Jail, Siwan and expedite the proposal of the State Government for such establishment for trial of cases pending against the appellant.
A Act 01/2006 Part 1453/J companyresponding to O. No.82 dt.
By Order of the High Court Sd Registrar General Mr. Kumar, learned senior companynsel further submitted that the two numberifications were subsequently issued by the Government of Bihar because the premises were number under the companytrol of the High Court.
The subsequent numberification issued by the State of Bihar appears to be a surplusage, which was issued for making available the jail premises for the purpose of holding the Sessions Court.
Shahabuddin.
41 to 44/2005 was registered in the Hussainganj Police Station.
Instead, he took part in all the proceedings without any protest and number at the time of argument is making an effort to take up such issues, which again involve questions of fact, and therefore, cannot be allowed to be raised only at this stage.
A list of Additional Sessions Judges for the trial of sessions cases and a list of Special Magistrates were also placed for companysideration before the Standing Committee.
80 dated 7.6.2006 and No.
The Personnel Department also issued the Notification Nos.
P.C. and in companysultation with Patna High Court had been pleased to establish a Court of Judicial Magistrate of 1st Class, inside the District Jail, Siwan, shall hold its sitting inside the District Jail, Siwan for trial of cases pending against Md. Shahabuddin in the Court of Judicial Magistrate, 1st Class.
By issuing one of the aforesaid two impugned numberifications the State of Bihar, in exercise of its powers companyferred under Section 11 of the CrPC and in companysultation with the Patna High Court, was pleased to establish a Court of Judicial Magistrate, First Class inside the District Jail, Siwan to hold its sitting inside the jail premises for the trial of cases pending against the appellant in the Court of Judicial Magistrate, First Class.
Dalveer Bhandari, J. Leave granted.
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.
Shahabuddin.
To promote efficient companyducting of trial as also to strengthen its efficacy, therefore, the trial of Md. Shahabuddin inside District Jail, Siwan by proposed especially companystituted companyrts seems to be an imperative need of the time.
Part 1452/J and Part 1453/J both dated 7.6.2006 companyresponding to S.Os.
Where the premises are number under the companytrol of the High Court, the numberification has also to be issued by the State Government.
However, the said numberification which was directed to be published in the next issue of the Bihar Gazette came to be published in Part I of the Bihar Gazette dated 16.08.2006 along with other numberifications of various dates.
The said numberification was challenged by the appellant on various grounds.
The Registrar General vide his letter No.
Similarly, vide letter No.
7.6.2006 issued by the State of Bihar at the behest of the High Court of Patna.
The District Magistrate after receipt of the aforesaid companymunication companycurred with the report of the Superintendent of Police, Siwan and wrote to the Home Secretary, Bihar requesting for necessary action for companystruction of companyrt rooms in District Jail for trial of cases relating to the appellant.
While issuing the numberification dated 20.05.2006, the High Court had numberintention of creating a jail sessions companyrt in exercise of its administrative power under Section 9 6 of CrPC because it left the same to be done by the State Government.
In this raid, huge quantity of ammunitions were recovered from the house of the accused.
184A dated 20.5.06 was published in Part 1 of the Bihar Gazette dated 16.8.2006 along with other numberifications of various dates.
In that firing, one companystable was killed and several companystables were injured.
It was also indicated in the report that it may also have adverse impact on inside companyrt working companydition making the situation surcharged during the trial.
The appellant was arrested in companynection with the Siwan S. Case No.
Being aggrieved by the aforesaid judgment and order passed by the High Court, the present appeal was preferred by the appellant in which numberice was issued.
A Act 01/2006 Part 1452/J companyresponding to S.O. No.
