ORDER
G.S. Singhvi, C.J.
1. In this petition filed in public interest, Bhadrachalam Bar Association has questioned inaction on the part of the respondent to establish permanent Judicial First Class Magistrate Court and Fast Track Court at Bhadrachalam for administration of criminal justice system in accordance with the provisions of the Code of Criminal Procedure, 1973, and has prayed for issuance of a writ in the nature of mandamus to create the courts.
2. In support of its prayer for issue of mandamus, the petitioner has relied on G.O.Ms.No.41 dated 25-3-2004 issued by the State Government making applicable the entire Code of Criminal Procedure, 1973, to all the tribal areas in the State and order dated 2-4-2004 passed by the Supreme Court in Writ Petition (Civil) No. 324 of 2004 (A. Sadguru Prasad v. State of A.P. and
ors.).
3. On the last date of hearing i.e., 20-2-2006, the learned Advocate General had made a statement that in view of order dated 2-4-2004 passed by the Supreme Court in Writ Petition (Civil) No. 324 of 2004, positive action will be taken by the State to implement the provisions of the Code of Criminal Procedure, 1973 in the entire tribal areas of the State and adequate number of courts will be established in those areas.
4. To-day, the learned Advocate General produced Photostat copy of G.O.Ms.No.36 dated 25-2-2006 issued by the Government of Andhra Pradesh, Law (LA & J Home
Courts. C) Department for establishment of eight courts in the cadre of judicial Magistrate of First Class in the agency areas of the Districts of East Godavari, Khammam, Vizianagaram, Visakhapatnam and West Godavari. The same is taken on record.
5. We are happy to note that the first Law Officer of the State has prevailed upon the concerned officers to implement the Government’s decision which has now become as part of the order passed by the Supreme Court. As an appendage, we would like to reiterate that no executive authority can think of violating the mandate or direction given by the Supreme Court. Anyone who thinks that he can do so would be doing that at his own peril of being proceeded against under the Contempt of Courts Act, 1971 and adequately punished for defying the majesty of law. It is matter of satisfaction that this Court has not been called upon to take that harsh step.
6. As a consequence of issuance of the abovementioned G.O.Ms.No.36, we direct the all concerned departments in the government as well as the Registry of the High Court to take immediate steps for establishing eight regular courts in East Godavari, Khammam, Vizianagaram, Visakhapatnam and West Godavari. Registrar General and all concerned functionaries of the High Court as also the concerned District Judges should ensure that the courts start functioning at the respective places within a period of one month from to-day and the law of land i.e., Code of Criminal Procedure, 1973 is fully implemented in the areas falling within the jurisdiction of the newly created courts.
7. As regards the staff, we are of the considered view that there cannot be an outsourcing of the posts of Junior Assistant, Steno-typist, Typist, Examiner, Copyist, Amin and Record Assistant. Therefore, the government should immediately issue modification in this regard so that the regular staff can be recruited and posted for effective functioning of the courts to be set up hereinafter. We hope and trust that the required G.O. will be issued within a period of 7 days from to-day.
8. As regards the two courts of Additional Judicial First Class Magistrate, Kothagudem and Manugur, government should issue necessary notification keeping in view the requirement which has been duly assessed by the High Court and communicated to the State Government. The needful be done within one month from the date of receipt of copy of this order.
9. With the above directions, the writ petition is disposed of.
10. However liberty is given to the petitioner and Registrar General, Andhra Pradesh High Court as also Law Secretary, Government of Andhra Pradesh to file miscellaneous applications for issue of directions as may become necessary for effective functioning of the newly created courts which are required to be made functional in compliance of this order.
11. The Court Officer is directed to give copy of this order to the counsel assisting the learned Advocate General. A copy be also handed over to the Registrar General, High Court of Andhra pradesh, who shall communicate the same to the concerned District judges for taking necessary steps in compliance of the direction given by the Court.