Special Judges.
132 1 and 134 1 c of the Constitu tion of India against the Judgment and Order dated 28th February, 1951, of the High Court of Saurashtra at Rajkot Shah C.J. and Chhatpar J. in Criminal Appeal No.
The Government of the United State of the Saurashtra may by numberification in the Official Ga zette companystitute Special Courts of Criminal Jurisdiction for such area as may be specified in the numberification.
A Special Judge shall try such offences or classes of offences or such cases or classes of cases as the Government of the United State of Saurashtra may, by general or special order in writing, direct.
IX of 1948.
Three of the sections thus added, which are material for our present purposes, were sections 9, 10 and 11 which run as follows Special Courts.
The preamble to that Act recited that it was expedient to provide for the speedier trial of certain offences.
15 of 1951.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
February 27.
XLVI of 1949 , hereinafter referred to as the impugned Ordinance.
XII of 1948 , by which the Criminal Procedure Code of the Dominion of India as in force in that Dominion on the 1st day of April, 1948 was made applicable to the State of Saurashtra with certain modifications.
Sections 3, 4 and 5 1 of the West Bengal Special Courts Act, 1950, reproduced substantially, if number verbatim, the provisions of sections 9, 10 and 11 of the Saurashtra Ordinance of 1948 as subse quently amended.
On December 20, 1950, he was found guilty of the offences charged against him and was companyvicted and sentenced to death under section 302, 1 72 I.A. 57.
Appeal under Arts.
Jurisdiction of Special Judges.
The following Judgments were delivered.
The Objection was overruled by the Special Judge as well as by the High Court of Sau rashtra on appeal and the appellant number seeks a decision of this Court on the point.
L. Chibber amicus curia , for the appellant, B. Sen, for the respondent.
The Government of the United State of Saurashtra may appoint a Special Judge to preside over a Special Court companystituted under section 9 for any area any person who has been a Sessions Judge for a period of number less than 2 years under the Code of Criminal Procedure, 1898, as applied to the United State of Saurashtra.
162 of 1950, The material facts appear in the Judgment.
