District Courts

Delhi as a district legal entity was recognised by Proclamation Notification No. 911 dated 17.09.1912, issued by the Governor General of India in Council. By this notification Delhi came under the immediate authority and management of the Governor General in Council. Simultaneously, the Delhi Laws Act, 1912 was enacted to enforce the existing laws in Delhi. On 22.02.1915 the area known as Trans Yamuna was also included in the newly created province of Delhi. During 1913 the Delhi judiciary consisted of:

1. District & Sessions Judge
2. Senior Sub-Judge
3. Judge, Small Causes Court
4. Registrar, Small Causes Court
5. Sub-Judges

Two courts of sub-judges were added in 1920. These courts continue to function, although due to exigencies some temporary measures were adopted to clear backlogs. In 1948 one more post of sub-judge was created to enforce the Rent Control Act; thereafter six temporary courts of sub-judges were created in 1953. In 1959 the strength of the sub-judges went up to 21. At that time there was one District & Sessions Judge and four Additional District & Sessions Judges. Till 1966 the district courts of Delhi remained under the administrative control of the Punjab High Court, when the Delhi High Court was established.

According to the Delhi District Gazetteer (1912), the District Magistrate was responsible for the administration of criminal justice, being Chief Magistrate. The staff in 1910 consisted of:

One of the first-class magistrates always had the powers of District Magistrate to enable him to try serious cases, thus relieving the District Magistrate and the Sessions Judges of undesirable strain. The honorary magistrates usually sat as a bench for the trial of minor offences, chiefly assault cases.

A bench consisting of a Hindu and a Muhammadan with second-class powers was constituted for Raisina (New Delhi) in 1912 to deal with cases within the limits of the Imperial Delhi Municipal Committee, to which the exercise of their powers was confined. The Najafgarh bench of two magistrates with third-class powers was constituted in 1921, having power throughout the province. During 1926 there were two first-class and one second-class honorary magistrates at Delhi.

The comparative strength of criminal courts in the Union Territory of Delhi during 1951 and 1961 was as follows:

The institution of honorary magistrates was abolished in Delhi in October 1969. The magisterial strength in 1972 consisted of one District Magistrate, three Additional District Magistrates and twelve Sub-Divisional Magistrates.

The judiciary of the Union Territory of Delhi was separated from the executive in October 1969 under the Union Territories (Separation of Judicial and Executive Functions) Act, 1969. The Act provides for two classes of criminal court, namely the Courts of Sessions and the Courts of Magistrates. The latter consists of judicial magistrates — the Chief Judicial Magistrate and the Judicial Magistrates of the First and Second Class — and executive magistrates, including the District Magistrate, Sub-Divisional Magistrates, Executive Magistrates of the First and Second Class, and Special Executive Magistrates.

Prior to the separation of judicial and executive functions, the entire magistracy functioned under the direct control of the District Magistrate of Delhi. Under the new set-up the judicial magistrates were placed under the direct control of the High Court, and the Chief Judicial Magistrate exercised most of the powers under the Criminal Procedure Code previously exercisable by the District Magistrate.

With effect from 1st April 1974, Delhi was declared a metropolitan area by notification under section 8(1) of the Criminal Procedure Code, 1973 — notification No. 155 dated 28th March 1974 of the Ministry of Home Affairs, New Delhi, published in the Gazette of India (Extra) Part II Section 3(ii).

The entire judicial district of Delhi, now the National Capital Territory of Delhi, is comprised in one sessions division, headed by one Sessions Judge. It had one Chief Metropolitan Magistrate and four Additional Chief Metropolitan Magistrates. The number of Courts of Sessions and Courts of Metropolitan Magistrates varies from time to time.

On 27th August 1970 two judicial services were created for Delhi, namely the Delhi Higher Judicial Service and the Delhi Judicial Service. The strength of these two services has continuously increased: the sanctioned strength of the Delhi Higher Judicial Service is 169, and the Delhi Judicial Service has 218 posts.

The court complexes

Originally the district courts were located in the house of Mrs. Forster, where only eight courts could be accommodated. In 1899 a few more rooms were rented in the H. Abdul Rehman Ataul Rehman Building. The old building at Kashmere Gate was declared unsafe in 1949. In 1953 twenty-two civil subordinate courts were moved to the Hindu College Building (1, Skinner’s House) at Kashmere Gate, where they continued to function till 31.03.1958.

Construction of the Tis Hazari courts building started in 1953 and it was inaugurated on 19.03.1958 by Chief Justice Mr. A. N. Bhandari of the then Punjab High Court. Initially all the civil courts and many criminal courts were housed in this building, and even today Tis Hazari continues to be the principal court building in Delhi. The complex now houses the courts having jurisdiction over the Central, North and West civil districts.

The criminal courts were shifted to Patiala House from Parliament Street in March 1977. This complex is situated in the palace of the erstwhile Maharaja of Patiala near India Gate, and deals with civil, criminal, rent and motor accident claims pertaining to the New Delhi civil district.

The Karkardooma courts complex was inaugurated on 15.05.1993 and the courts functioning at Shahdara were shifted there. The building was completed in 1997–98, and was the most modern operational district courts building in Delhi at that time. It deals with civil, criminal, rent and motor accident claims pertaining to the East and North-East civil districts. A residential block for judicial officers and staff is located alongside the regular court building.

The Rohini courts complex has been functional since 2006. Courts there deal with civil, criminal, rent and motor accident claims pertaining to the North-West civil district.

The Dwarka courts complex was completed in 2008 and inaugurated by the Hon’ble Chief Justice of India, Sh. K. G. Balakrishnan, on 6th September 2008. It deals with civil, criminal, rent and motor accident claims pertaining to the South-West civil district.

The Saket court complex started functioning with effect from 28th August 2010. Civil and criminal cases relating to the South civil district are taken up at this complex. Similarly, motor accident claim petitions relating to the area within the jurisdiction of the aforesaid district are dealt with by the MACTs established at Saket.