BIJON KRISHNA MUKHERJEE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is an application seeking Certificate both, under Articles 132 and 133 of the Constitution of India.

(2.) Although the certificate sought relates to a decision of this Special Bench, the application was first moved under the Rules of this Court before a Division Bench, presided over by the learned Chief Justice. Under the practice which has grown up in this Court, that Division Bench disposed of only that part of this application which was under Article 133 of the Constitution, and referred the rest of the application under Article 132 of the Constitution to be disposed of by this Special Bench. This Rule and practice have been severely criticised and challenged before us as illegal and ultra vires the Constitution.

(3.) Before discussing that Rule and practice it will be appropriate to state some relevant facts leading to this application. This Special Bench was constituted by the learned Chief Justice to determine and dispose of the application under Article 229 of the Constitution challenging orders of Police Commissioners prohibiting a particular type of vehicles to be used in Calcutta and its suburbs. The points involved in the determination of the application are :