Is an Assistant Sessions Judge subordinate to the Sessions Judge of that Sessions Division? Give reasons for your answer and mention the relevant provision, if any.

Question: Is an Assistant Sessions Judge subordinate to the Sessions Judge of that Sessions Division? Give reasons for your answer and mention the relevant provision, if any. [RJS, 1984]

Find the answer to the mains question only on Legal Bites. [Is an Assistant Sessions Judge subordinate to the Sessions Judge of that Sessions Division? Give reasons for your answer and mention the relevant provision, if any.]

Answer

Yes, an Assistant Sessions Judge is subordinate to the Sessions Judge of that Sessions Division as per section 10 clause (1) of CrPC.

Section 10 clause (1) of CrPC provides that all Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. In the case of Rajesh Choudhary v. State of Rajasthan, 1987 CriLJ 411, the court stated that the Additional Sessions Judge and Assistant Sessions Judge as such are not made courts in the first category of the courts. There is a provision for the court of session only.

A close look at Section 9 would make it clear that a court of session is always presided over by a Judge to be appointed by the High Court, whereas, the Additional Sessions Judges or Assistant Sessions Judges appointed by the High Court exercise jurisdiction in a Court of Session and there is only one Court of Session for every sessions division.

Under the Code, the expression “court of the session”, in some provisions has been used to mean only a Court of Session presided over by a Sessions Judge and this expression has also been made use of, so as to include the Additional Sessions Judge and Assistant Sessions Judges.

The jurisdiction of the Additional Sessions Judge and Assistant Sessions Judges is narrower and limited over the cases, which are transferred to them by the Sessions Judge and besides that, the court of session presided over by Sessions Judge has some powers over them.

So far as the Assistant Sessions Judges are concerned there is a clear provision for their subordination to the Sessions Judge and further even appeal can lie against the judgment of conviction and sentence passed by an Assistant Sessions Judge in a certain situation to the court of session presided over by the Sessions Judge.

Hence, in view of the above provision and observation, it can be said that an Assistant Sessions Judge is subordinate to the Sessions Judge of that Sessions Division.

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