SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have challenged through this petition the constitutional validity and the legality of the Code of Criminal Procedure (Punjab Amendment) Act, 1983 (hereinafter called the Amendment Act'). This Act received the assent of the President of India on 3rd November,1983, and was published in the Gazette of Government of Punjab on 24th November, 1983, Earlier to the enactment of the Amendment Act, the State of Punjab had promulgated Ordinance No.3 of 1983 on 27th June, 1983. The provisions of the Amendment Act have come into force with effect from the date the Ordinance was promulgated.

(2.) In this petition, the main attack is on Sections 4 and 11 of the Amendment Act, which read as under:-

(3.) Before I deal with the contentions, the purpose as described in the preamble of the Act, which necessitated the enactment of the Amendment Act may be noticed:- "Whereas the circumstances prevailing in the State of Punjab are such that in order to ensure maintenance of Public Order and Tranquility in the State, it is considered expedient to confer certain powers under the Code of Criminal Procedure, 1973, on the Executive Magistrates in the State for a temporary period and to amend certain provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) in its application to the State of Punjab."