M A JALIL Vs. REX

JUDGEMENT

(1.) An office report has raised the question whether these two revision applications can be heard & disposed of by the Lucknow Bench of the High Court.

(2.) One M. A. Jalil was convicted in two cases for offences under Sections 420, 420/511 & 420, 406, Penal Code & sentenced to imprisonment as well as fine. He preferred two appeals which were dismissed by the learned Sessions Judge of Bareilly. These two revision applications, were filed by M. A. Jalil against the orders passed by learned Sessions Judge in his appeals. The revision applications were filed at Allahabad, & the petitioner engaged Sir Iqbal Ahmad to argue them on his behalf.

(3.) Sir Iqbal Ahmad was a Judge of the old Allahabad High Court for a number of years, & retired as the Chief justice of that Court. Since his retirement he resumed practice at the Bar. At the time of his appointment as a Judge of the old High Court, he had to give an undertaking that after his retirement he would not practise in that Court or in a Court subordinate thereto. Though the old Allahabad High Court & the Avadh Chief Court were by an order of the Governor-General amalgamated on 26-7-1948, it has been held that, in view of the undertaking given by Sir Iqbal Ahmad, he cannot practise as an advocate in cases heard by the Allahabad Bench of the new High Court or in Courts subordinate thereto, (i. e. subordinate Courts in what is generally known as Agra Province) Article 8, U. P. High Courts Amalgamation Order dated 19-7-1949 as modified by the Amendment Order dated 4-11-1948). As the petitioner was anxious that his applications should be argued by Sir Iqbal Ahmad, he moved two applications, praying that either Sir Iqbal Ahmad be granted permission to argue his cases In the High Court at Allahabad or, if that be not possible, "the Hon'ble the Chief Justice be pleased to direct as an administrative measure that the said revisions be listed before & heard by some Hon'ble Judge sitting in the Lucknow Bench" so that Sir Iqbal Ahmad, his Counsel in these cases, be able to argue them. These applications were pat up before the acting Chief Justice in Chambers & he passed the following order thereon: "I allow these applications & direct that the cases mentioned above shall be transferred to the Lucknow Bench of this Court." The records of the two revision applications were accordingly sent from Allahabad to Lucknow. As in view of the provisions of the U. P. High Courts (Amalgamation) Order some doubt was entertained as to the power of the Lucknow Bench to hear these two revision applications, the office has put up a report raising the question whether the Lucknow Bench has, in view of the provisions of the High Courts (Amalgamation) Order, authority to hear & dispose of these applications. Under the orders of the Hon'ble Senior Judge, this matter was listed for hearing before a Bench of two Judges.