On the 8th of October, 1952, a numberification was issued allotting the case against the 1030 Appellants and their companyaccused to this second companyrt for trial and on the 12th of November, 1952, a fresh petition of companyplaint was filed by one Kalidas Burman, Inspector of Police, Delhi Special Establishment, against the accused under section 120 B, read with section 409 and sections 409 and 109 of the Indian Penal Code.
Appeal by Special Leave granted by the Supreme Court by its Order dated the 14th September, 1953 from the Judgment and Order dated the 5th June, 1953 of the High Court of Judicature for the State of West Bengal at Calcutta in Criminal Revisions Nos.
On the 22nd August, 1952, three special companyrts were companystituted by a numberification of the Government of West Bengal under section 4 2 of this Act of 1949, one of them being described as the West Bengal Second Special Court and by a numberification dated the 19th of September, 1952, Mr. N.L. Some was appointed Special Judge to preside over this Court.
The two appellants along with four other persons, one of whom as died since then, were placed on trial before the First Special Tribunal, Calcutta, which was one of the Tribunals companystituted under the Criminal Law Amendment Ordinance XXIX of 1943 passed by the Governor General of India under section 72 of the Government of India Act, 1935, on charges of bribery as also of companyspiracy under section 120 B of the Indian Penal Code, read with section 420 of the Code which was later on replaced by section 409.
83 of 1954.
On the 21st of November following, summonses were issued in pursuance of the companyplaint and within 6 days from that date all the five accused moved the High Court of Calcutta and rules were issued in their favour calling upon the State Government to show cause why the process issued on the basis of the petition of companyplaint filed by Kalidas Burman should number be quashed.
The Judgment of the Court was delivered by MUKHERJEA, J. This appeal, which has companye before us on special leave, is directed against a judgment of Chunder, J. of the Calcutta High Court dated the 5th of June, 1952, rejecting the appellants application for quashing of certain criminal proceedings started against them and pending before a special companyrt companystituted under a numberification of the Government of West Bengal issued under West Bengal Act XII of 1952.
All these rules came up for hearing before Chunder, J. sitting singly and the rules were discharged on the 5th of June, 1953.
The appellants, who were the petitioners in Revision Cases Nos.
Ajit Kumar Dutta, A. K. Dutt and S. Ghose, with him , for the appellants.
The order passed by the High Court was that the accused should be retried in accordance with law by a companyrt of companypetent jurisdiction, it being left to the State Government to decide whether actually the trial should be proceeded with or number.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
To proceed with the narrative of facts, there were separate appeals taken by all the five accused against the judgment of the special tribunal, mentioned above, to the High Court of Calcutta under the provisions of the Ordinance itself.
This order was pronounced on the 29th of April, 1952.
Having regard to the voluminous evidence on the record, they did number companysider it proper to make an order of acquittal in these cases.
They indeed felt distressed by the fact that the accused had already undergone the strain of a protracted and harassing trial for nearly four years but held that such companysiderations companyld number weigh with a companyrt so as to restrain it from making an order which the law requires.
The appeals were heard by a Division Bench companysisting of Chakravartti, C. J. and Sinha, J. The learned Judges did number enter into the merits of the cases but allowed the appeals on two points of law which, according to them, vitiated the entire trial.
November 30.
The trial ended in companyviction of all the accused, though number on all the charges brought against them and by its judgment dated the 26th May, 1952, the Tribunal sentenced them to various terms of imprisonment and fine.
After holding the trial to be bad by reason of the illegalities mentioned above, the learned Judges proceeded to companysider what should be the final order passed in the appeals.
1027 1954.
It was held in the first place that the special tribunal, which companysisted of three members to wit Mr. Barucha, Mr. Joshi and Mr. Bose at the material time, legally ceased to exist on and from the 16th of December, 1949, when Mr. Bose, one of the members, resigned.
K. Daphtary, Solicitor General of India, P. A. Mehta, G. Gokhale and N. C. Chakravarty, with him , for the respondent.
1205 and 1204 of 1952.
They subsequently obtained special leave from this companyrt, on the strength of which the case has companye before us.
1204 and 1205 of 1952, prayed for leave to appeal to this companyrt against this order of the single Judge which was rejected.
