STATE OF WEST BENGAL HABIB MOHAMMAD STATE OF HYDERABAD STATE OF MYSORE Vs. ANWAR ALI SARKAR:ANWAR ALI SARKAR

JUDGEMENT

(1.) This is an appeal by the State of West Bengal from a judgement of a Full Bench of the High Court of Judicature at Calcutta quashing the conviction of the respondent by the Special Court established under S. 3 of the West Bengal Special Courts Ordinance, 1949 (Ordinance 3 of 1949) which was replaced in March 1950 by the West Bengal Special Courts Act, 1950 (West Bengal Act 10 of 1950) (hereinafter REFERRED TO as "the Act").

(2.) The respondent and 49 other persons were charged with various offences alleged to have been committed by them in the course of their raid as an armed gang on a certain factory known as the Jessop factory at Dum Dum, and they were convicted and sentenced to varying terms of imprisonment by the Special Court to which the case was sent for trial by the Governor of West Bengal by a notification dated 26/1/1950 in exercise of the powers conferred by S. 5 (1) of the Act. Thereupon the respondent applied to the High Court under Art. 226 of the Constitution for the issue of a writ of certiorari quashing the conviction and sentence on the ground that the Special Court had no jurisdiction to try the case inasmuch as S. 5 (1) , under which it was sent to the Court for trial was unconstitutional and void under Art. 13 (2) as it denied to the respondent the equal protection of the laws enjoined by Art. 14. The High Court by a Full Bench consisting of the Chief Justice and four other Judges quashed the conviction and directed the trial of the respondent and the other accused persons according to law. Hence the appeal.

(3.) The Act is instituted "an Act to provide for the speedier trial of certain offences", and the preamble declares that 'it is expedient to provide for the speedier trial of certain offences". S. 3 empowers the State Government by notification in the official gazette to constitute special Courts, and S. 4 provides for the appointment of special Judges to preside over such Courts. S. 5, whose constitutionality is impugned, runs thus :