STATE OF UTTAR PRADESH Vs. SAT NARAIN

JUDGEMENT

(1.) This petition in revision has been directed against an order made by Sri A. C. Bansal, Civil and Sessions Judge of Lucknow, who was appointed a special Judge under the Criminal Law Amendment Act of 1952 (Act No. XLVI of 1952).

(2.) By a notification No. 3854 (ii)/VI-767/57 dated 13-12-1957, the State Government made the following order :

(3.) Feeling aggrieved by the decision of the Special Judge which was given by him on 10-1-1958, the State Government has come up to this Court in revision. On behalf of the State Sri Shankar Sahai Saksena contended that the State Government had the authority to make the notification that they did under the provisions of Section 9 (2) of the Code of Criminal Procedure. He contended that there was no discrimination and further that there was no question of any prejudice to the accused in case the trial was held in jail. Mr. Saksena contended that no accused had the fundamental right of being tried in any particular place, but in making that submission he overlooked the fact that it was not the prisoners' contention that they had any fundamental right to be tried in any particular case, for what the prisoners Contended was that they should not be tried differently from those situated under similar circumstances would have been tried. The points on which the Court below decided to hold the impugned notification bad and unenforceable, in our opinion need not be gone into at this stage, for we find on a careful scrutiny of the earlier notification by which Sri A. C. Bansal was appointed a Special Judge, under the provisions of the Criminal Law Amendment Act was itself bad, so that if the appointment of Sri Bansal as a Special Judge was bad in law, then the question as to where Sri Bansal was to function for the purpose of deciding the case for which he had been appointed a Special Judge did not, in our opinion, arise for determination.