JUSTICE AND PEACE

the JUDICIAL DEPARTMENT.

District judge.

THE KOLHAPUR DISTRICT WAS FORMED after the integration of the ex-Kolhapur State with the former State of Bombay on the 1st "March 1949. There was a High Court of the ex-State of Kolhapur and the Civil and Criminal work then pending before that High Court was sent to the High Court of Bombay after merger. Since then the District Judge, Kolhapur, is the highest judicial authority in the district and presides over the District Court. Under Article 233 of the Constitution of India; appointments, posting 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 cause 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 [In 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 of the post of district judge.] is 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.

Civil Courts.

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 upto 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 are located in Kolhapur two other courts, each presided over by an Assistant Judge. The Assistant Judge exercises both original and appellate jurisdiction.

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.

There are two Civil Judges of Senior Division and two Civil Judges of Junior Division at Kolhapur. Outside Kolhapur there are eight Circle Courts, viz. at (1) Ichalkaranji, (2) Gadhinglaj, (3) Kagal, (4) Panhala, (5) Radhanagari, (6) Malkapur, (7) Kurundwad and (8) Jaisingpur. One Civil Judge (Junior Division) presides over each of the Courts at Ichalkaranji, Kagal, Radhanagari, Panhala and Jaisingpur. There are two Civil Judges at Gadhinglaj and the Civil Judges of Panhala and Jaisingpur preside also over the Courts at Malkapur and Kurundwad respectively, The Civil Judge of Radhanagari sits at Gargoti for the disposal of criminal work arising out of the Bhudargad Taluka. Excepting the Civil Judge, at Ichalkaranji all these Civil Judges outside Kolhapur function as Judicial Magistrates, First Class within the local limits of their jurisdiction.

Since the reorganisation of States, Chandgad Taluka which was formerly included in the Belgaum district is included in the Kolhapur district and it is kept under the jurisdiction of the Civil Judge-cum-Magistrate, First Class, Gadhinglaj, who holds his Court at Chandgad for four days in each fortnight only for the disposal of criminal work arising out of that taluka.

Criminal Courts.

The District Judge, Kolhapur. is also the Sessions Judge of the district. The Sessions Judge tries criminal cases which are committed to his court by Judicial Magistrates after preliminary enquiry and hears appeals against the decisions of subordinate magistrates.

In addition to the Sessions Judge, there are two Additional Sessions Judges. These posts of Additional Sessions Judges are held by the Assistant Judges on the Civil side. The Sessions Judge and Additional Sessions Judges can pass any sentence authorised by law, but any sentence of death passed by them is subject to confirmation by the High Court. One of the Assistant Judges and Additional Sessions Judges are also appointed as Special Judge for disposing of criminal cases under the Criminal Law Amendment Act, 1952 (XLVI of 1952).

Magistrates.

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 (5) 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 to sit together as a bench and invest it with the powers of a Magistrate of any class.

Presidency Magistrates work in Greater Bombay, and 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 lime make rules or give special orders as to the distribution of business among them. There are no benches of Judicial Magistrates in the Kolhapur district.

All Executive Magistrates are subordinate to the District Magistrate. Their powers and functions are detailed in the section dealing with Land Revenue and General Administration. 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 for 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 406A of the Criminal Procedure 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 disputes as to immoveable property or 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 respectively in Parts I, II and III of the Criminal Procedure Code. 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: -

After the effective application of the Bombay Separation of Judicial and Executive Functions Act, criminal justice is dispensed by Judicial Magistrates or Civil Judges-cum-Judicial Magistrates. At present (July 1957) there are three Judicial Magistrates, First Class, at Kolhapur and one Judicial Magistrate, First Class, at Ichalkaranji who are doing only criminal work.

There are also four Honorary Magistrates in the district, of whom three are ladies. They are all invested with powers of Magistrates of the Second Class.

Other Law Officers.

The following are the other Law Officers of Government functioning in the Kolhapur district (July 1957): -

District Government Pleader and Public Prosecutor;

Assistant Government Pleader and First Assistant Public Prosecutor;

Second Assistant Public Prosecutor;

Third Assistant Public Prosecutor;

Honorary Assistant to the District Government Pleader and Public Prosecutor;

There are also Sub-Government Pleaders at each of the following places, viz. Ichalkaranji, Gadhinglaj, Kagal, Radhanagari, Panhala, Malkapur, and Kurundwad, Jaisingpur.

Number of legal practitioners.

There were in 1956, 357 legal practitioners practising in the Kolhapur district, of whom about 25 were advocates of the Bombay High Court.

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. These powers are detailed in the section relating to village panchayats. Appeals from these courts are allowed to the District Court in civil suits and to the Sessions Court in criminal cases.

Statistics of Civil Courts.

In the various courts of the Kolhapur district at the beginning of the year 1956, 2,219 suits were pending. During the same year 3,621 suits were instituted and 3,195 suits were disposed of and the number of suits pending at the end of the year was 2,645.

Of the 3,621 suits instituted, 2,389 were for money or movable property; 701 were of value not exceeding Rs. 100; 2,030 were of value above Rs. 100, but not exceeding Rs. 1,000; 498 were of value above Rs. 1,000 but not exceeding Rs. 5,000; and 139 were of value above Rs. 5,000. The total value of the suits instituted was Rs. 37,88,594-13-4.

Of the 3,195 suits disposed of, 519 were disposed of without trial; 515 ex-parte; 476 on admission of claims; 439 by compromise; 1,239 after full trial; three on reference to arbitration and four by transfers.

There were 957 appeals (including Miscellaneous and Bombay Agricultural Debtor's Relief Act) pending at the beginning of the year 1956. During the year 1956, 645 appeals were instituted and 645 disposed of and the number pending at the end of the year was 957.

Of the 645 appeals disposed of, 115 were dismissed or not prosecuted; 276 confirmed; 76 modified; 76 reversed; 99 remanded for retrial and three transferred.

Statistics of Criminal Courts.

There were 92 offences reported to the Sessions Court, Kolhapur, during the year 1956. The number of persons under trial was 320. The cases of 219 persons were disposed of during the year. Of these 219, 152 persons were acquitted or discharged and 67 were convicted. The sentences passed by the Court of Sessions were as follows: -

Four persons awarded death sentence, 21 persons awarded transportation or penal servitude, 42 persons imprisoned, no one was awarded sentence of whipping.

Revenue and Expenditure.

The following are the figures showing the Revenue and Expenditure of the Judicial Department in the Kolhapur District for the year 1956-57: -

Revenue.

Expenditure.

The value of judicial stamps sold in the Kolhapur district during 1956-57 was Rs. 4,62,608-15-0.

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