ZALA JAYVANTSINH FALJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned A.P.P. Shri R.C.Kodekar, waives service of Rule for the respondent - State. With the consent of the parties the matter is heard and finally disposed of by this Judgment.

(2.) Petitioner Shri Jayvantsinh Faljibhai Zala (J.F. Zala) has filed this petition, in person, in the name of "Public Interest Litigation" before this Court under Article 226 and 254 of the Constitution of India and prayed that Notifications No.GG/365/79/SB-I/CLA-1079/ 10726 and GG/366/79/SB-I/CLA-1979/10727, dated 14th December 1979, issued by the State of Gujarat, be declared void and illegal and also prayed for stay of said Notifications.

(3.) The Criminal Law Amendment Act, 1932 (Act of XXIII of 1932) came into force with immediate effect in 1932, as the Civil disobedience movement has made it necessary to supplement the Criminal Law by means of certain Ordinances promulgated by the Governor General in exercise of his powers under S.72 of the Government of India Act. Section 10 of Act empowers the State Government to make certain offences cognizable and non-bailable. Under Section 10(1) the State Government may by notification in the Official Gazette, declare that any offence punishable under Ss. 186, 188, 189, 190, 228, 295A, 298, 505, 506 or 507 of the Indian Penal Code, when committed in any area specified in the notification shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898, be cognizable and thereupon the Code of Criminal Procedure, 1898 shall, while such notification remains in force, be deemed to be amended accordingly. U/s. 10(2) The State Government may, in like manner and subject to the like conditions, and with the like effect, declare that an offence punishable under section 188 or section 506 of the Indian Penal Code shall be non-bailable.