J.K. GUPTA Vs. STATE

JUDGEMENT

(1.) IN this case a Rule was issued upon the State of West Bengal and upon the Special Judge hearing the case to show cause why the records of the case should not be transferred to this Court under Article 228 of the Constitution of India in order that this Court should decide a constitutional point involved in the case, namely, whether Section 4(1) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 was ultra vires the Constitution and whether in consequence the Special Judge had any jurisdiction to hear and decide the case.

(2.) AT the instance of the special police establishment investigation proceeded against the petitioners in respect of various offences under Sections. 120B/406, Penal Code, Sections. 467, 468 and 477A, Penal Code and those sections read with Section 109, Penal Code. By a notification of the Judicial Department of the Government of West Bengal No. 2072J., dated April 21, 1950 the case was allotted to the Special Court of the Special Judge of Alipore for trial under the provisions of Section 4(1), West Bengal Criminal Law Amendment (Special Courts) Act, 1949.

(3.) ON 29 -8 -1951 the petitioners filed an application before the Special Judge contending that he had no jurisdiction to hear the case by reason of the fact that Section 4(1) of the Act in question was ultra vires Article 14 of the Constitution and by the said petition the petitioners prayed the Special Judge should make a reference to this Court. The learned Judge however declined to make any reference to stay the trial and proceeded with it and therefore the Rule in the terms I have already indicated was issued.