LAW, ORDER AND JUSTICE

the JUDICIAL DEPARTMENT

District Judge.

THE DISTRICT JUDGE, SATARA, is the highest judicial authority in the district and presides over the District Court. Under Article 234 of the Constitution of India, appointments, postings and promotion of district judges [Under Article 236 of the Constitution of India, the term " District Judge " includes additional district judge, assistant district judge, chief judge of a small causes court, sessions judge, additional sessions judge and assistant sessions judge.] are to be made by the Governor in consultation with the High Court; and under Article 234, appointments of persons other than district judges to the judicial service [Under Article 236 of the Constitution of India, " judicial service" is described as a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.] are made by the Governor in accordance with rules made by him after consultation with the State Public Service Commission and with the High Court. Under Article 235, the control over the District Court and the courts subordinate to it, including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service and holding any post inferior to the post of district judge, is vested in the High Court.

The District Court is the principal court of original jurisdiction in the district, and it is also a court of appeal from all decrees and orders up to the value of Rs. 10,000 passed by the subordinate courts from which an appeal can be preferred. The District Judge exercises general control over all the civil courts and their establishment and inspects the proceedings of these courts.

In addition to the District Court, there is located at Satara another Court presided by an Assistant Judge. The Assistant Judge exercises both original appellate jurisdiction. He can try original cases, the value of which does not exceed Rs. 15,000.

Subordinate to the District Judge are two cadres of Civil Judges, Junior division and Senior Division. The jurisdiction of a Civil Judge (Junior Division), extends to all original suits and proceedings of a civil nature wherein the subject matter does not exceed Rs. 10,000 in value, while that of a Civil Judge (Senior Division) extends to all original suits and proceedings of a civil nature irrespective of the value of the subject-matter. Appeals in suits or proceedings wherein the subject-matter does not exceed Rs. 10,000 in value are taken to the District Court, while in those wherein the subject-matter exceeds in value Rs. 10,000 are taken direct to the High Court.

The distribution of the senior and junior division courts of civil judges is as under:—

Except the civil Judge of the Senior Division at Satara and the two Civil Judges of the Junior Division at Karad, all Civil Judges of the Junior Division at the above places are also Judicial Magistrates, First Class, within their respective jurisdiction.

Criminal Courts.

The District Judge, Satara, is also the Sessions Judge of the district. The Sessions Judge tries criminal cases which are committed to his court by the Judicial Magistrates after preliminary enquiry and hears appeals against the decisions of the subordinate magistrates. The Sessions Judge has also the jurisdiction to try criminal cases falling under Section 198-B, of the Code of Criminal Procedure. The Sessions Judge (or the Assistant Judge invested with additional powers), if appointed by State Government, as Special Judge, has to try cases under the Bombay Prevention of Corruption Act (Bombay Act III of 1947), read with Section 161 of the Indian Penal Code.

The Assistant Judge also exercises the powers of an Assistant Sessions Judge on the criminal side and is generally invested with powers of an Additional Sessions Judge. The Sessions Judge and Additional Sessions Judge, may pass any sentence authorised by law, but any sentence of death passed by any such judge is subject to confirmation by the High Court. An Assistant Sessions Judge can pass any sentence authorised by law except a sentence of death or of transportation or imprisonment for a term exceeding ten years.

Separation of Judicial and Executive Functions Act.

The Bombay Separation of Judicial and Executive Functions Act (XXIII of 1951), has classified the magistracy of the State into two categories, viz., (1) Judicial Magistrates, and (2) Executive Magistrates. Judicial Magistrates are of the following classes:— (1) Presidency Magistrates; (2) Magistrates of the First Class; (3) Magistrates of the Second Class; (4) Magistrates of the Third Class; and (4) Special Judicial Magistrates. Executive Magistrates fall under the following classes:—(1) District Magistrates; (2) Sub-Divisional Magistrates; (3) Taluka Magistrates; (4) Presidency Magistrates specially empowered by the State Government; and (5) Special Executive Magistrates. The State Government may, in consultation with the High Court, direct any two or more Judicial Magistrates in any place outside Greater Bombay to sit together as a bench and invest such bench with the powers of a Magistrate of the First, Second or Third Class.

Presidency Magistrates work in Greater Bombay. Special Judicial Magistrates are appointed by the State Government in consultation with the High Court to try particular cases or classes of cases or cases generally in any local area. Special Executive Magistrates are appointed by the State Government for particular areas, or for the performance of particular functions.

All Judicial Magistrates and Benches of Judicial Magistrates are subordinate to the Sessions Judge who may from time to time make rules or give special orders as to the distribution of business among them.

All Executive Magistrates are subordinate to the District Magistrate. Their powers and functions are detailed in paragraphs III-A, IV and V of Schedule III of the Criminal Procedure Code. Appeals from orders requiring security for keeping the peace or for good behaviour, however, lie from Executive Magistrates to the Court of Sessions (section 406, Criminal Procedure Code). The State Government has power by notification to direct that appeals from such orders made by a Magistrate other than the District Magistrate shall lie to the District Magistrate and not to the Court of Sessions. Again, under section 406-A of the Code any person aggrieved by an order refusing to accept or rejecting a surety under section 122 may appeal against such order, if made by a District Magistrate, to the Court of Sessions. Under section 435(4), the High Court is empowered to call for and examine the record of any proceeding under section 143 (prohibition of repetition of nuisance), 144 (temporary order in urgent cases of nuisance or apprehended danger), and 145(procedure where dispute as to immoveable property is likely to cause breach of the peace), even though such proceeding was before an Executive Magistrate.

The ordinary powers of the Magistrates of the Third, Second and First Class are detailed in Schedule III, Part I, II and III respectively of the Criminal Procedure Code (Act V of 1898). They may be invested with additional powers by the State Government in consultation with the High Court, and these additional powers are detailed in Schedule IV of the Code. They are competent to pass the following sentences:—

The Bombay Separation of Judicial and Executive Functions Act came in force on the 1st July 1953. In 1960 there were in all twelve Judicial Magistrates of the First Class in the district. Out of them two at Karad were exclusively Judicial Magistrates and the remaining were Civil Judges, Junior Division and Judicial Magistrates of the First Class. These were three at Satara, two at Wai and one each at (i) Dahiwadi, (ii) Koregaon, (iii) Patan, (iv) Phaltan, and (v) Vaduj. One Joint Civil Judge and Judicial Magistrate, First Class, Satara, sits for four days in a month at Medha to try cases arising from Jaoli taluka and the Joint Civil Judge and Judicial Magistrate, First Class, Wai, sits at Khandala and Mahabaleshwar respectively for eight and six days in a month to try cases from Khandala mahal and Mahabaleshwar mahal.

Other Law Officers.

The following are other Law Officers of Government functioning in the district:-

District Government Pleader and Public Prosecutor; Assistant Government Pleader and Assistant Public Prosecutor; Sub-Government Pleaders one at each of the following places:—

(i) Dahiwadi, (ii) Karad, (iii) Koregaon, (iv) Patan, (v) Phaltan, and (vi) Vaduj.

Number of legal Practitioners.

In October 1958 there were practising in various Civil and Criminal Courts in the district two Barristers, fifteen Advocates and 241 Pleaders.

Nyaya panchayats.

Under the Bombay Village Panchayats Act (VI of 1933), Nyaya Panchayats have been formed in a number of villages and these institutions are empowered to try petty civil suits and criminal cases. The constitution and powers of the panchayats are detailed in Chapter VI, sections 37 to 58-A, of the Bombay Village Panchayats Act, 1933. An appeal lies to the District Court against a decree passed by a Nyaya Panchayat in any suit and to the Sessions Court against any order in any case.

Bar Associations.

The Bar Associations in the district which numbered six in 1960 were located at Satara (1928), Karad (1930), Patan (1953), Vaduj (1953), Dahiwadi (1916), and Phaltan (1949). The years of establishment are given in the brackets. The total membership of these associations was 194 in 1960. The objects of the associations are: (1) to promote contacts among the members of the legal profession; (2) to guard the honour and status of the members as members of the profession; (3) to send representatives and deputations to the authorities concerned in connection with legislative and other cognate matters affecting the public in general and the legal profession in particular; and (4) to take steps to secure greater efficiency and public confidence in the administration Of justice.

Statistics of Civil Courts.

In Satara District in the various Civil Courts 1,988 suits were pending at the end of the year 1958. In the year 1959, 2,124 suits were instituted; 2,375 suits were disposed of and 1,737 suits were pending at the end of the year. Out of the 2,124 suits instituted 103 suits were either for money or immoveable property; 787 were of value not exceeding Rs. 100; 995 were of value above Rs. 100 but not exceeding Rs. 1,000; 207 were of value above Rs. 1,000 but not exceeding Rs. 5,000 and 32 of value above Rs. 5,000. The total value of the suits instituted was Rs. 12,49,902.54.

Out of 2,375 suits disposed of, 409 were disposed of without trial; 386 ex-parte; 362 on admission of claims; 298 by compromise; 886 after full trial and 34 by transfer.

There were 659 appeals (including Miscellaneous and Debt Adjustment Board Appeals) pending at the end of the year 1958. During the year 1959, 459 appeals were instituted and 364 were disposed of and 754 appeals were pending at the end of the year.

Out of 364 appeals disposed of during the year 1959, 42 were either dismissed or not prosecuted; 225 confirmed; 50 modified; 31 reversed and 16 remained for trial.

Statistics of Criminal Courts.

In the year 1959 there were 10,823 offences reported in the Criminal Courts of the Satara District. Persons under trial numbered 19,153; persons whose cases were disposed of 14,934; persons discharged or acquitted 5,931; persons convicted 8,957; persons committed to Sessions or referred to Higher Tribunals 200; persons died or escaped or transferred to another State 46. None was sentenced to death; nine were sentenced to transportation or personal servitude; 863 to imprisonment and 7,885 to fine and 513 were asked to give security.

Statistics of Sessions Court.

During the year 1959, in the Sessions Court, 75 offences were reported, 205 persons were under trial; cases of 122 persons were disposed of during the year; 80 persons were acquitted or discharged; 42 persons were convicted; of whom 9 were sentenced to imprisonment for life and 33 were sentenced to imprisonment. Of these 33, two persons were ordered to furnish security and three persons were fined.

Revenue and Expenditure.

The following are the figures showing the revenue and expenditure of the Judicial Department in the district for the year 1958-59:-

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