BANAMALI DAS Vs. PAKHU BHANDARI

JUDGEMENT

(1.) This matter has been referred to this Court by the learned Ses. J. of Birbhum under the provisions of a circular letter addressed to all Courts by this Court calling their attentions to the provisions of Article 228 of the Constitution of India. This Court being satisfied that the case transferred involved a constitutional point, notice was given to the parties & the constitutional point involved has been the subject-matter of argument before us.

(2.) The constitutional point involved in this case is whether or not the West Bengal Hindu Social Disabilities Removal Act of 1949 is ultra vires the Constitution of India.

(3.) On 3-1-1951, one Banamali Das lodged a, complaint before the Sub-Divisional Officer of Suri against the accused & others alleging that the accused had refused to cut the complainant's hair & also to render services to other persons who belong to the same caste as the complainant, his caste being that of a cobbler or leather worker. After recording the evidence of the complainant the Sub-Divisional Officer issued process against the accused under Section 8 read with Section 3 (c), West Bengal Hindu Social Disabilities Removal Act, 1948. The case was eventually transferred to a Magistrate for disposal & a date was fixed for taking evidence in the case. An application was made to the learned Ses. J. to refer, the case to the High Court as required by the Circular Letter as the case involved a substantial question of constitutional importance & should be decided by the High Court as required by Article 228 of the Constitution of India.