KAMALESH CHANDRA MISTRI Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order of a learned Sessions Judge affirming a conviction of the Petitioner under Section 11(3) of the West Bengal Security Act, 1950. The learned magistrate sentenced the Petitioner to two years' rigorous imprisonment and also to pay a fine of Rs. 300 but the learned Sessions Judge reduced the sentence to nine months' rigorous imprisonment only.

(2.) It is contended on behalf of the Petitioner that the conviction of the Petitioner was unlawful having regard to the provision of Article 20(1) of the Constitution. That clause reads:

(3.) The Petitioner was charged with making what was described as a prejudicial speech constituting an offence under the West Bengal Security Act, 1948. The speech was alleged to have been made on June 26, 1949, but it is contended that on that date there was no law in existence making such a speech criminal. The "West Bengal Security Act of 1948 was enacted by the State legislature and was to be in force for a period of one year, but, by the terms of the Act, it could be extended for a further period of a year by a resolution of the Assembly. The year expired on March 12, 1949, but, before that date, the Assembly, by a resolution purported to extend its life for a further year. On June 27, 1949, however, a Bench of this Court in the case of Badal Boze v. Chief Secretary, Government of West Bengal,1949 53 CalWN 728., following a decision of the Supreme Court in Jatindra Kath Gupta v. Province of Bihar,1950 FCR 595. held that the West Bengal Security Act, 1948, could not be extended by a resolution of the Assembly and, therefore, was not extended beyond March 12, 1949. This decision of the High Court was a day after the day on which the prejudicial speech is said to have been made and, therefore, it is clear that when the prejudicial speech was made there was no law in existence in this State making such a speech criminal because that law had ceased to exist on March 12, 1949.