P K PAUL Vs. EMPEROR

JUDGEMENT

(1.) This is a Rule for quashing certain proceedings against the petitioner pending before an additional Presidency Magistrate under Ordinance III of 1946. The ground urged is that that Ordinance was ultra vires of the Governor-General.

(2.) Mr. Chatterjee who appears in support of the Rule states that the foundation of his contention is that the provisions of the Ordinance are not covered by any matter in any of the lists in Schedule VII of the Government of India Act. He concedes that if he fails on this point he has nothing further to urge.

(3.) In our opinion the provisions of the Ordinance are clearly covered by items 5 and 42 of List I of Schedule VII of that Act.