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Report No. 32

34. Position in Union territories.-

We shall now consider a matter of detail relating to Union territories. Articles 233 et seq. of the Constitution appear in a Part1 which does not apply to Union territories. The expression "High Court", as defined in the Code of Criminal Procedure2, would, however, cover the highest court of criminal appeal for an area, even if it is not a "High Court" as defined in Article 366(14) of the Constitution. We had, therefore, to consider the question whether the amendments which we propose3 in section 9 the Code of Criminal Procedure, 1898 should be so framed as to confine them to "High Courts" proper, or to leave them to be governed by the definition of "High Court" in the Code of Criminal Procedure, 1898.

1. See Heading of Part VI of the Constitution-"The States".

2. Section 4(1)(i), Code of Criminal Procedure, 1898.

3. Appendix 1.

35. The Courts of highest criminal appeal, in most of the Union territories, fall under one of the following categories:-

(1) A full-fledged High Court. [Article 241(1), earlier half] Example - Delhi1

(Its jurisdiction can be extended to Himachal Pradesh also).2

(2) A common High Court for States and a Union territory. [Article 231(1)] Example-The High Court of Punjab and Haryana, in relation to Chandigarh 3
(3) High Court of a neighbouring State [Article 230(1)] Examples - (i) The High Court of Calcutta, in relation to the Andaman and Nicobar Islands.4
(ii) The High Court of Kerala in relation to the Laccadive etc. Islands 5
(iii) The High Court of Madras, in relation to Pondicherry 6
(iv) The High Court at Bombay, in relation to Dadra and Nagar Haveli7
(4) Courts of Judicial Commissioners [Article 241(1) latter half] Example- The Courts of Judicial Commissioners for Goa,8 Manipur,9 Tripura10
(5) Others Now obsolete.11

1. See the Delhi High Court Act, 1966 (26 of 1966); Appendix 11.

2. See sections 17, 19 and Schedule, the High Court Act, 1966 (26 of 1966), Appendix 11.

3. Sections 29 and 30, Punjab Re-organisation Act, 1966 (31 of 1966), Appendix 18.

4. See section 4(1)(i), Code of Criminal Procedure, 1898, and the Calcutta High Court (Extension of Jurisdiction) Act, 1953 (41 of 1953), section 2.

5. See section 60, States Reorganisation Act, 1956 (37 of 1956), Appendix 19.

6. See the Pondicherry Administration Act, 1962 (49 of 1962), sections 9 and 10 Appendix 16.

7. See section 11, Dadra & Nagar Haveli Act, 1961 (35 of 1961), Appendix 9.

8-10. These are constituted under relevant enactments or statutory orders; see Appendices 12, 13, 15, 20.

11. For an example of another Court which was "High Court" under the Code of Criminal Procedure, see Anwar Ali v. Deoghar Municipality, ILR 6 Par 83: AIR 1926 Pat 449, referring to section 4(1)(ii)(b), Santhal Parganas justice Regulation 5 of 1893.

36. Now, Courts of Judicial Commissioners, though declared to be "High Courts" for certain purposes1-2-3 are "High Courts" for the purposes of Articles 233 to 237 of the Constitution, as Union, territories are not governed by those Articles4.

We do not, however, think, that this difference between the position of a High Court and that of a Court of Judicial Commissioner should stand in the way of applying the proposed amendment5 in section 9 of the Code of Criminal Procedure to Union territories also.

1. The Judicial Commissioner's Courts (Declaration as High Courts) Act, 1950 (15 of 1950).

2. The Goa, etc. (Judicial Commissioner's Court) Declaration as High Court Act, 1964 (16 of 1964); Appendix 13.

3. See also the Union Territories Act, 1963 (20 of 1963) sections 2(1)(c) 22, 27(3)(d), 33, etc.

4. Para. 34, supra.

5. Appendix 1.

Section 9 of the Code of Criminal Procedure, 1898 - Appointment of Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges Back

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