ANWAR ALI SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These are two petitions for the issue of writs of certiorari to quash proceedings which have taken place and which are taking place before a Special Judge at Alipore under the West Bengal Special Courts Act of 1950. The two petitions came before Bose J. for hearing. In the view of the learned Judge the petitions raised points of great importance and difficulty and he accordingly referred them to the Chief Justice for decision by a larger Bench. This Bench of five Judges has been constituted to hear and decide the petitions.

(2.) Civil Rule No. 942 of 1951 has been preferred by one Anwar Ali Sarkar who with forty nine other persons was tried by a Special Judge appointed under the West Bengal Special Courts Act of 1950 (Act X of 1950)upon charges of murder, conspiracy to murder to commit grievous hurt with deadly weapons, and to commit mischief. There were also charges under the Explosive Substances Act and a charge under Section 20.1 of the Indian Penal Code in respect of causing the disapperance of evidence of murder.

(3.) The charges arose out of an incident which occurred at the factory of Messrs. Jessop & Co. Ltd. at Dum Dum on February 26, 1949. In the course of that incident it is said that Anwarali Sarkar and his forty nine co-accused attacked the officials of Messrs. Jessop and Company's factory, battered them to death and threw their corpses into blazing furnaces. During the course of investigation of these offences Anwarali. Sarkar and his co-accused were arrested and a case was registered against them at the Dum Dum Police Station, being Case No. 26 of February 26, 1949.