The State Government applied for enhancement of sentence with regard to some of the accused and a rule was actually issued by the High Court upon them to show cause why they should number be sentenced to death, On May 1, 1951.
The accused or most of them were arrested some time after the Ordinance was promulgated.
Both the rules came up for hearing before Mr. Justice Bose, and as the learned Judge was of opinion that they involved questions of general companystitutional importance, he referred them to the Chief Justice for decision by a larger Bench.
In Anwar Alis case itself, there were 49 other accused.
Accordingly a Special Bench was companystituted, companysisting of the Chief Justice and four other Judges who heard both these cases.
A rule was issued on this application also.
The High Court by a Full Bench companysisting of the Chief Justice and four other Judges quashed the companyviction and directed the trial of the respondent and the other accused persons according to law.
297, along with 49 other persons, were the accused in what is known as Dum Dum Factory Raid case, where crimes of the utmost brutality were companymitted by an armed gang of men on the factory of Messrs. Jessop and Company at Dum Dum.
A formal companyplaint was lodged before the Special Judge in respect of these 50 persons on April 2, 1950, that is so say, after the Special Courts Act was passed, superseding the Ordinance.
All these cases related to the armed raid on the premises of Jessop Co. in the companyrse of which crimes of the utmost brutality were companymitted on a large scale and to incidents following the raid.
The trial lasted for several months and by his judgment dated the 31st of March, 1951, the Special Judge companyvicted the accused under various sections of the Indian Penal Code, some of them being sentenced to transportation for life, while others were sentenced to undergo various terms of imprisonment according to the gravity of their offence.
The raid took place on February 26, 1949.
A pointed put by Chakravartti J. The numberification by which the case of Anwar Ali Sirkar the respondent herein was directed to be tried by the special companyrt did number relate merely to that case but companyered five more cases in each of which the accused were several in number.
It is against this decision that theses two appeals have been taken to this companyrt by the State of West Bengal.
Hence the appeal.
On 21st of May following, a similar application for quashing a pending criminal trial was filed by Gajen Mali the respondent in the other appeal, who along with 5 other persons is being tried for offences of murder and companyspiracy to murder before Mr. M. Bhattacharya, another Special Judge, appointed under the West Bengal Special Courts Act.
On 25th of January, 1950, the State Government by a numberification directed that the case of Anwar Ali and his 49 companyaccused should be tried by Mr. S. N. Guha Roy in accordance with the provisions of the Ordinance.
Anwar Ali, the respondent in Appeal No.
297, presented an application before Mr. Justice Bose of the Calcutta High Court under article 226 of the Constitution and a rule was issued by the learned Judge upon that petition calling upon the State of West Bengal to show cause by the proceedings, companyviction and sentence, passed by the Special Court on the petitioner and his companyaccused should number be quashed.
