In a decisive ruling, the Kerala High Court affirmed that magistrate courts retain jurisdiction to conduct trials even when special courts are established for expedited proceedings. However, the court emphasized that such cases should ideally be transferred to special courts as a matter of judicial propriety.
Justice PG Ajithkumar, delivering the judgment, underscored that while magistrates are ordinarily empowered to try offences, the establishment of special courts, such as children’s courts under the Commissions for Protection of Child Rights Act, 2005, is meant to ensure swift justice in sensitive matters.
The case in question revolved around a sessions court’s decision to set aside a magistrate court’s judgment convicting a man of sexually assaulting two children in 2007. The sessions court argued that the magistrate lacked jurisdiction due to the existence of a children’s court. It had ordered a retrial, reasoning that the magistrate’s authority was superseded by the notification of the children’s court.
Disagreeing with this stance, the High Court ruled that while the creation of children’s courts granted them concurrent jurisdiction for specific offences, it did not strip magistrates of their powers. Justice Ajithkumar noted that a retrial in the case would only lead to undue delays and prolong the victims’ ordeal.
Consequently, the High Court quashed the sessions court’s order and reinstated the magistrate court’s conviction. The decision highlights the balance between upholding legal propriety and avoiding procedural delays, especially in cases involving vulnerable victims.
