SIR IQBAL AHMAD Vs. REX

JUDGEMENT

(1.) These are two criminal miscellaneous cases arising out of Criminal Appeal No. 404 of 1948 in which the applicants in Criminal Misc. case No. 941 of 1949 have appealed against their convictions and the sentences of transportation for life that have been passed upon them. In their application they say that they have engaged Sir Iqbal Ahmad to argue their appeal and pray that permission be accorded to him to appear on their behalf in this Court. The other case--criminal Misc. case No. 940 of 1949--arises out of an application by Sir Iqbal Ahmad himself praying for the permission of this Court to argue the said appeal on behalf of the appellants.

(2.) Sir Iqbal Ahmad was an advocate of the Allahabad High Court and was later appointed a Puisne Judge of that Court. In or about the year 1933, on his appointment as a Puisne Judge of that Court he gave an undertaking not to practice in the Court or in the Courts subordinate thereto after his retirement. He continued to work as a Puisne Judge of this Court for many years and was, a few years before his retirement, elevated to the office of the Chief Justice of that Court. Some time after his retirement he was entered on the roll of advocates of the Chief Court of Avadh and was thereafter entitled to practise in that Court as also in all Courts subordinate thereto. The High Court at Allahabad and the Chief Court at Avadh were amalgamated with effect from 26th July 1948 by the United Province High Courts Amalgamation Order, 1948, promulgated by the Governor. General under Section 229, Government of India Act. Article 8 of the Order runs as follows :

(3.) By this order Sir Iqbal Ahmad was prevented from practising in the new High Court at Allahabad or in any one of the thirty-seven districts which had been subordinate to the Allahabad High Court before the amalgamation which took place on 26th July 1948, The applicants' contention is that Article 8 of the Amalgamation Order, the new proviso added thereto on 4th November 1948 and the direction issued by the Chief Justice of this Court are ultra vires and that Sir Iqbal Ahmad is entitled to practise in the new High Court without any restriction. His contention is that the undertaking which he had given lapsed with the amalgamation of the Allahabad High Court with the Avadh Chief Court to form what has been described in the amalgamation order as the new High Court. The applications are opposed by the Advocate General.