SASHADHAR ACHARJYA Vs. CHARLES TEGART

JUDGEMENT

(1.) Two applications are before me but one order will cover them both. One is a formal application by an advocate not entitled to appear and plead on the original side of this Court, for permission to appear, move, act, argue and examine witnesses and take all other incidental and consequential steps and things in this matter, &c. The second application, which is that in which he desires to be allowed to appear is one which he informs me is substantially the same as that which he has already moved before a Division Bench of this Court consisting of the learned Chief Justice and Pearson, J.

(2.) It appears that the application to that Bench was made under Ch. 37, Rule 2 of the Bales of the original side, headed Crown Side Rules, which provides, that applications for the exercise of the extraordinary original criminal jurisdiction conferred on this Court by Clauses 24 and 29, . Letters Patent, shall be heard and disposed of on the appellate side; but oases directed to be tried by the High Court will be tried on the Crown side according to the provisions of the Criminal Procedure Code, by or such Judge as the Chief Justice shall appoint.

(3.) The learned Chief Justice dealt with that aspect of the matter at length; he considered Clause 24, Letters Patent, and observed that this was a case of a totally different character and the provision referred to had nothing to do with this matter. Continuing he observed that Clause 29 has equally little to do with the matter. The learned Chief Justice concluded: A large number of English statutes had been mentioned in this petition apparently by way of suggesting that there is power in this Court so far as Europeans are concerned to put them on their trial for an offence committed outside British India. As against residents within the ordinary original jurisdiction of this Court any .application as that would appear to be an original side application and if it lies at all it must be made on another petition presented in the proper course according to the rules of the original side.