EMPEROR Vs. SOHRAI KOERI

JUDGEMENT

(1.) Before dealing with the merits of this case I should like to dispose of an objection of an unusual character that was taken by the learned advocate on behalf of the accused. The hearing of this case was concluded on the 9 instant and judgment was reserved. Unfortunately on the 10 instant news was received of the lamentable death of Sir Courtney-Terrell, C.J. which took place in England.

(2.) On the 11 the learned advocate for the accused raised the objection that there being no Chief Justice, the High Court was not properly constituted and this Bench ceased to have jurisdiction to pronounce judgment in the case. This objection was based on the fact that Clause 2 of the Letters Patent by which this High Court was created provides that it shall consist of a Chief Justice and six other Judges. After notice to the Crown through the Government Pleader we heard this objection on the 12 instant. At the close of the hearing we announced our decision that the objection was over, ruled and we intimated that we would give our reasons in the judgment in the case itself.

(3.) This High Court was established by Letters Patent bearing date 9 February 1916 in exercise of the powers reserved to His Majesty under Section 113, Government of India Act, 1915. 01. 2 of the said Letters Patent determines the constitution of this High Court by declaring that it shall consist of a Chief Justice and six other Judges. The same Clause also mentions the names of the first Chief Justice and six other Judges. The Letters Patent however does not provide how the succeeding Judges are to be appointed or how vacancies in the office of the Chief Justice and other Judges are to be filled up.