BIJON KRISHNA MUKHERJEE Vs. COMMISSIONER OF POLICE
HIGH COURT OF CALCUTTA
BIJON KRISHNA MUKHERJEE
COMMISSIONER OF POLICE
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P.B.Mukharji, J. -
(1.) This is an application seeking Certificate both, under Articles 132 and 133 of the Constitution of India.
(2.) Although the certificate sought relates to a decision of this Special Bench, the application was first moved under the Rules of this Court before a Division Bench, presided over by the learned Chief Justice. Under the practice which has grown up in this Court, that Division Bench disposed of only that part of this application which was under Article 133 of the Constitution, and referred the rest of the application under Article 132 of the Constitution to be disposed of by this Special Bench. This Rule and practice have been severely criticised and challenged before us as illegal and ultra vires the Constitution.
(3.) Before discussing that Rule and practice it will be appropriate to state some relevant facts leading to this application. This Special Bench was constituted by the learned Chief Justice to determine and dispose of the application under Article 229 of the Constitution challenging orders of Police Commissioners prohibiting a particular type of vehicles to be used in Calcutta and its suburbs. The points involved in the determination of the application are :
(1) Whether Section 61-A of the Calcutta Police Act, 1866 and Section 38-A of the Calcutta Suburban Police Act, 1866 are ultra vires the Constitution being in violation of the Articles 19 (1) (g), 13, 14 and 81 of the Constitution of India. (2) Whether the authorities concerned gave any opportunity to the petitioners to represent their case and whether in view of the lack of such opportunity the notification prohibiting owners of certain types of vehicles was against the principles of natural justice and therefore was illegal and without jurisdiction, and (3) Whether the notification contravenes the provisions of Section 224 of the Calcutta Municipal Act. This Special Bench disposed of the application on July 1, 1960 by discharging the Rule and dismissing the petition. No certificate from the Special Bench was sought at the time when it delivered its judgment dismissing the petition.;
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