V C SHUKLA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) These two criminal appeals are directed against a judgment dated 27/02/1979 of the Sessions Judge, Delhi by which the accused (hereinafter referred to as the 'appellant') have been convicted under various S. of the Penal Code and awarded sentences of various terms of imprisonment not exceeding two years (which have been ordered to run concurrently) in addition to fines.

(2.) Both the appeals were originally filed before the Delhi High court. and were admitted by it on 21/03/1979 when the sentences of the appellants were suspended and they were released on bail. On 17/05/1979, the State also filed an appeal to the Delhi High court for enhancement of the sentences. The Special courts Act (No. 22 of 1979 and hereinafter to be referred to as the 'act') was passed by Parliament and received the assent of the President on 16/05/1979. On 27/06/1979, the central government made a declaration under S. 5 (1) of the Act as a consequence of which the appeals stood transferred to this court.

(3.) The appellants have raised a number of preliminary objections relating to the constitutional validity of the Act and various provisions thereof on several grounds including the contravention of Articles 14 and 21 of the constitution of India. Alternatively, it was argued that some of the provisionsof the Act did not at all apply to the appellants and the transfer of the appeals from the High court to this court was not legal. The State has appeared through Shri Soli J. Sorabjee who has countered all the objections raised by the appellants and has submitted that the Act is a valid piece of legislation and that there is no illegality in the transfer of the appeals from the High court to this court. In view of the nature of the preliminary objections raised by the appellants we decided to dispose them of before entering into the merits of the appeals. After hearing the parties at great length, by an Order dated 5/12/1979 we overruled all the said objections and proceeded to hear the appeals on merits. We now proceed to set out the reasons given for the order rejecting those objections