HANSRAJ SINGH Vs. REX

JUDGEMENT

(1.) This is an application under Section 205, Government of India Act, 1935, for a certificate of leave of appeal to the Federal Court from the order passed by me in criminal Appeal No. 185 of 1947 on 13 September 1948. It was filed on the 30th September 1948. The petitioners were the appellants in the criminal appeal. The ground on which a certificate is prayed for is that the case involves a substantial question of law as to the interpretation of Section 270, Government of India Act of 1935. In Paras. Nos. (4) (as amended by a supplementary affidavit) and (5) of the affidavit filed in support of the application, an attempt has been made to elaborate the ground on which this certificate is prayed for. It is to this effect:

(2.) In para (4) it is asserted that the appellants 1 to 7 were acting in their official capacity in the discharge of their duties when they committed the acts complained of. In Para. (5) it is stated that in this case a question arises whether Section 270, Government of India Act applies to the cases of the appellants Nos. 1 to 7 so as to necessitate sanction of the Central Government as well as that of the Provincial Government.

(3.) The appellants, thirteen in number, of whom no less than seven were police officials including a Sub-Inspector and some constables, were tried by the learned Sessions Judge of offences under Secs.147 and 325 read with Section 149,. Indian Penal Code. All of them were convicted of both the offences and were sentenced to varying terms of imprisonment.