STATE OF PUNJAB Vs. AYUB KHAN

JUDGEMENT

(1.) AYUB Khan respondent was arrested in pursuance of F.I. R. No. 117 dated July 3, 1984, P.S Division No 4, Jalandhar, under Sections 25/54/59 of the Arms Act. He was allowed bail by Sessions Judge, Jalandhar, vide order dated August 1, 1984. In the present Criminal Miscellaneous filed by the State of Punjab, the prayer made is that the bail allowed to the respondent may be cancelled.

(2.) I have heard the arguments of the learned counsel for the parties. The respondent was arrested for a "scheduled offence" in terms of section 2(f) of the Terrorist Affected Areas (Special Courts Ordinance, 1984, which came into force on July 14, 1984, and made applicable to the State of Punjab vide notification of the Ministry of Home Affairs (Government of India) published on July 23, 1984. It has been held in Criminal Revision No. 1291 of 1984 (State of Punjab v. Piara Singh), decided on September 21, 1984 that after the applicability of the Ordinance in the State of Punjab, the Session Judge had no jurisdiction to allow bail for a "scheduled offence" after the Ordinance had been made applicable in the State of Punjab.

(3.) ANOTHER contention of the learned counsel for the respondent is that the Special Court was set up at Jullundur on August 6, 1984, whereas the impugned order was passed by the Sessions Judge allowing bail to the respondent on August 1, 1984. The argument proceeds that the Sessions Judge had the jurisdiction to allow bail to the petitioner till the Special Court was set up at Jullundur. The contention is without force. The Ordinance having come into force on July 14, 1984, the Sessions Judge ceased to have jurisdiction to allow bail for a "scheduled offence" in terms of section 2(f) irrespective that the Special Court was set up at Jullundur on August 6, 1984. The impugned order of the Sessions Judge allowing bail to the respondent cannot be sustained being ultra vires.