SARADHAKAR NAIK Vs. KING

JUDGEMENT

(1.) THE subject -matter of this order is a petition by the petitioners in Cr. Misc. Cases NOS. 2, 3, 4 and 5 of 1948, for a certificate under Sub -section (i) of Section 205, Government of India Act, 1935, as adapted.

(2.) THE question is not free from difficulty. It is due to an anomalous position arising out of the fact that the cases arise out of certain criminal proceedings, started against the petitioners, under laws extended to the areas of Bamra and Kalahandi States, - -not being parts of the Province of Orissa - -by the Government of Orissa, in exercise of a jurisdiction delegated to them by the Government of Indian Dominion under Extra Provincial Jurisdiction Act. The questions that call for solution are :

(3.) PARAGRAPH 4 (i) of the Order provides for establishing the Court in the following words : 'The Federal Court shall, as from the appointed day, be the Federal Court of India and shall accordingly be deemed to have been duly constituted, as such, in accordance with the provisions contained in that behalf in the Government of India Act, 1936, as it applies in relation to India on and alter that day.'