KRISHNA WARRIER Vs. STATE

JUDGEMENT

(1.) This revision is directed against the concurrent decisions of the Second Class Magistrate of Mukundapuram and the District Magistrate, Trichur convicting and sentencing the four petitioners before court who were accused 1 to 4 in C.C. No. 305/50 for their membership and management of an association declared unlawful by a notification issued under S.23 of the Travancore Cochin Public Safety Measures Act, 1950. The petitioners were active members of the Cochin Communist Party. Besides assisting and promoting the activities of the said party they were also found to have discussed the programme of the party at a meeting held at the residence of PW 4. Each of them was accordingly convicted and sentenced to undergo simple imprisonment for six months under S.24(1) and (2) of the Public Safety Measures Act, 1950 by the Trial Court. The conviction and sentence passed against them have been confirmed on appeal and they hence move this court in revision.

(2.) Chadayammuri v. State - 1952 ILR (Travancore - Cochin) 1 at pp. 8-11 = AIR 1952 TC, p. 217 at pp 220-221. ( 1952 KLT 178 at p. 183). The Full Bench as stated already held that S.3 of the Cochin Criminal Law Amendment Act and the notification issued thereunder are void under Art.13(a) of the Constitution. In view of that decision the State did not contend that the convictions and sentences passed against the petitioners should be sustained.

(3.) The Travancore Cochin Public Safety Measures Act, 1950 is far more retrograde than the Cochin Criminal Law Amendment Act, 1124. In giving the decision in George Chadayammuri v. State the Full Bench allowed in the main the Madras decision in V.G. Row v. State of Madras, AIR 1951 Mad. 147 and that decision has since been confirmed by the Supreme Court. The State of Madras v. V.G. Row, AIR 1952 SC 196 . The Travancore - Cochin Government had intervened in that appeal before the Supreme Court and an appeal was also preferred against the Full Bench decision in George Chadayammuri v. State. After the Supreme Court gave the decision in V.G. Row's case upholding the decision of the Madras Court our State withdrew their appeal. The Full Bench decision has hence become final. Regard being had to all these we do not desire to add more words to hold that S.23 of the Travancore - Cochin Public Safety Measures Act, 1950 and the notification issued thereunder are ultra vires the Constitution. It will be mere supererogation to repeat what we said in the former case which dealt with a more benevolent piece of legislation. Holding as we do that S.23 of the impugned Act and the notification declaring the Cochin Communist Party unlawful, ultra vires the Constitution, we quash the conviction and sentence of the petitioners by the courts below. Their bail bonds will stand cancelled. Order accordingly.