- (1.) This matter has been placed before me in the following circumstances : Shri Hardial Singh, Additional Judge, Designated Court, Amritsar, on 5-12-1988 passed an interim order in case State v. Karaj Singh, FIR No. 247 dated 5-11-1987, Police Station Jhabal, under Sections 307 of the I.P.C. 25 of the Arms Act and 3/4 of the Terrorist and Disruptive Activities (Prevention), Act, 1987 (hereafter referred to as 'the Act'). The learned Additional Judge took the tentative view that he had no jurisdiction to try the case and the jurisdiction vested in the Court of Shri Nirmal Singh, Additional Judge, Designated Court, Amritsar, on the basis of a notification issued by the Central Government on 19th of October, 1988, which reads as under : "No. 34/14/87-C-(II)38092 - In exercise of the powers conferred by Sub-Sec. (5) of S.9 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (Central Act No. 28 of 1987) the President of India with the concurrence of the Chief Justice of High Court of Punjab and Haryana is pleased to appoint Sh. Nirmal Singh, Additional District and Sessions Judge. Amritsar to be the Additional Judge to exercise jurisdiction in the Designated Courts of Kapurthala, Gurdaspur, Ferozepur and Hoshiarpur at Amritsar for the trial of persons apprehended during 'Operation Black Thunder'."
(2.) The learned Additional Judge came to such a conclusion on the ground that the Court of Mr. Nirmal Singh, Additional Judge Amritsar, was alone competent to try all cases in which the accused had been arrested during the 'Operation Black Thunder' irrespective of the fact whether they had committed offences allegedly before or during the 'Operation Block Thunder'. It appears that he had also taken a similar view in another case relating to one Sukhdev Singh. He thus referred the matter to the Judge Designated Court, Gurdaspur, requesting that the file of the instant case be transferred to the Court of Mr. Nirmal Singh, Additional Judge, Designated Court, Amritsar. Suggestion was also made that in case the learned Judge, Designated Court, Gurdaspur, did not agree with the reference, then the matter may be referred to the High Court for clarification.
(3.) The Judge, Designated Court, Gurdaspur, vide order dated 3-1-1989 disagreed with the reference and sent the file back to shri Hardial Singh, Additional Judge, Designated Court, Amritsar, for disposal of the case in accordance with law. He did not even feel the necessity for seeking clarification from the High Court, as suggested by Shri Hardial Singh. Rather Shri Hardial Singh was advised not to sent such like files in similar cases pending before him in future.;