ISSUE:
Whether the restriction on appointing Special Magistrates to only current or former government employees under Sections 13 and 18 of the Code of Criminal Procedure (“Code”) violates the principle of equality?
RULE:
Confining appointment to the post of Special Judicial Magistrates/ Special Metropolitan Magistrates to current or past government employees under Sections 13(1) and 18(1) of the Code is arbitrary and violative of Article 14 of the Constitution.