K.G.Balakrishnan, C.J. - (1.) PETITIONER in these Review Petitions seeks review of the order passed by this Court on 29-11-2002 whereby the Special Leave Petitions filed by the petitioner were dismissed. The SLPs were directed against an order dated 12.2.2001 passed by a Single Judge of the Allahabad High Court at Lucknow. The challenge was only with reference to a part of that order by which the learned Single Judge had held that the Notification issued by the Government of Uttar Pradesh on 8.10.1993 was invalid for want of consultation with the High Court under Sub-section (1) of Section 11 of the Criminal Procedure Code. At the outset, we may observe that the petitioner herein is neither a complainant nor an accused in any of the criminal cases filed by the State in this matter. PETITIONER is an intervener who has no connection with any of the crimes registered by the Police.
(2.) THE facts of the case, in short, are as follows: On 6th December, 1992, the disputed structure, popularly known as "Ram Janam Bhoomi/Babri Masjid" at Ayodhya was demolished by a group of persons. It was a protected structure and consequent upon demolition of this structure, the following two cases were registered on the same day: (i) Crime No. 197/1992 under Sections 395, 397, 332, 337, 238, 295, 297, 153A IPC was registered by the Police Station Ram Janam Bhoomi, District Faizabad, against unnamed Kar Sevaks in regard to an incident which allegedly took place at 12.15 PM on 6th December, 1992; and.(ii) Crime No. 198 of 1992 was also registered by the Police wherein eight persons were implicated as accused under Sections 153A, 153B, 505, 147, 149 IPC. THEre were also allegations of widespread commission of robbery, rioting and mischief and other minor offences by different groups of persons against the media and 47 crimes were registered for offences punishable under Sections 392, or 394, or 395, 147, 427, 336, etc. THE investigation of the crime registered as 197/92 was entrusted to the Central Bureau of Investigation (C.B.I.) on 13.12.1992, upon which the CBI re-registered the case as R.C. No. 8(S)/92-SIU.V-New Delhi. The investigation of Crime No. 198/92 was taken over by CB CID of the State of Uttar Pradesh on 10.12.1992. On 16.12.1992, the State of Uttar Pradesh, in consultation with the High Court of Allahabad, established a Special Court of Judicial Magistrate First Class with its place of sitting at Lalitpur, to try the case relating to Crime No. 198/1992. The CB CID of the State filed the final report under Section 173 of the Criminal Procedure Code. Crime No. 198/92 had been registered against all the eight accused persons named in the First Information Report, for the offences under Sections 153A, 153B, 505, 147 and 149 IPC. The Special Judicial Magistrate at Lalitpur took cognizance of the case on 1.3.1993. By Notification dated 8.7.1993, the State Government, after consultation with the High Court, shifted the place of sitting of the Court of Special Judicial Magistrate from Lalitpur to Rae Barelli. By Notification dated 26.8.1993, the Government of India, with the consent of the Government of Uttar Pradesh entrusted the investigation of Crime No. 198/92 and cases arising from same facts/transaction to the CBI. The CBI reregistered the Crime No. 198/92 as R.C. l(s)/93 and the other 47 related cases as R.C. Nos. 2(s)/93 to 48(s)/93. On 8.9.1993, the Government of Uttar Pradesh, in consultation with the High Court, issued a Notification establishing a special court of Additional Chief Judicial Magistrate at Lucknow, for trial of cases arising out of demolition of the disputed structure at Ayodhya, investigated by CBI. Another Notification dated 8.9.1993 was issued by the Governor of Uttar Pradesh, in exercise of power under Section 11(1) of Cr.P.C., in consultation with the High Court of Allahabad establishing a Special Court of Judicial Magistrate, First Class, for the area comprising the entire State, with place of sitting at Lucknow, to try or enquire into and commit to the Court of Sessions all cases arising out of Crime No. 197/92 and 47 other cases in which investigations were made or charge sheets were filed by CBI. A list of these cases was appended to the Notification. But no mention was made as regards Crime No. 198/92, the investigation of which had already been entrusted to the CBI vide Notification dated 26.8.1993.
(3.) THE CBI on 9.9.1993 moved an application before the Special Judicial Magistrate, Rae Barelli, seeking permission for further investigation under Section 173(8) Cr.P.C., in Crime No. 198/92 and by order dated 10.9.1993, the learned Magistrate, Rae Barelli, granted permission to the CBI for further investigation of the above case. One Shri Vijay Verma was appointed by the High Court as the Additional Chief Judicial Magistrate (Special Court) at Lucknow on 5.10.1993 for trial and disposal of cases investigated by CBI pertaining to demolition of disputed structure at Ayodhya. The CBI filed a consolidated charge-sheet dated 4.10.1993 before the Additional Chief Judicial Magistrate, Lucknow, against 40 persons, that is, those implicated in Crime No 198/92 as well as others who were accused persons in Crime No. 197/92 and also in the 47 other cases registered by the Police Station at the Ram Janam Bhoomi. On 8.10.1993, the Govt. of Uttar Pradesh issued Notification No. 5175/VII/Nyaya-2-739/87. The Notification read as follows: In exercise of the powers under Proviso to Sub-section (1) of Section 11 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) read with Section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897), the Governor is pleased to make the following amendment in the Notification No. 442/VII-Nyaya-2-739/87, dated Lucknow: September 9, 1993. JUDGEMENT_213_TLPRE0_2007Html1.htm ;