136 of the Constitution praying for special leave to appeal to the Supreme Court from the orders of the High Court of Judicature at Hydrabad dated 12th, 13th and 14th Dccember, 1949, dismissing the appeals prcferred by the petitioners against orders of the Special Tribunal of Hyderabad companyvicting them of murder and sentencing them to death.
71 to 73 of 1950.
The petitioners appealed from those judgments to the Hyderabad High Court and the High Court,by its judgments dated the 12th, 13th and 14th Decem ber, 1949, respectively, dismissed the appeals.
It is alleged that they demanded subscriptions towards their companymunist organi zation and some of the villagers who did number meet their demands were abducted on the 21st of September, 1948, and murdered.
C. Setalvad, Attorney General for India, and Raja Ram Iyer G. N. Joshi, with them for the respondent.
N. Pritt K. B. Asthana, Daniel Latifi, Bhawa Shiv Charan Singh and A.S. R. Chari, with him for the petition ers.
APPELLATE JURISDITION Criminal Criminal Miscellaneous Petitions Nos.
They were charged with various offences including murder before a special tribunal established under the regulations promulgated by the Military Governor under the authority of H.E. H. the Nizam and companyvicted and sentenced to death on the 9th, 13th and 14th of August, 1949, by separate judgments.
The Judgment of the Court was deliv ered by KANIA C.J. These are three criminal miscellaneous Kan petitions asking for special leave to appeal to the Supreme Court under article 136 of the Constitution of India.
On the 26th of January, 1950, the Constitution of India became applicable to the Union of India and the Part B States.
The material facts and arguments of the companynsel appear from the judgmcnt.
It appears that H.E.H. the Nizam issued a firman on the 23rd of November, 1949, stating that the proposed Constitution of India was suitable for the government of Hyderabad and he accepted it as the Constitu tion of the Hyderabad State as one of the States of Part B in the First Schedule.
Petitions under Art.
the petitions originally filed for a certificate for leave to appeal to the Judicial Com mittee of the Privy Council of the Hyderabad State were, by leave of the Court, amended, and made into petitions under article 134 of the Constitution of India.
The peti tioners applied to the High Court for a certificate to appeal to the Judicial Committee of the Hyderabad State on the 21st of January, 1950.
December 14.
All the accused were charged with being members of the Communist Party wedded to the policy of overthrowing the existing Government at Hyderabad by violence and establish ing in its place a companymunist regime.
