- (1.) In this case a Rule was issued upon the State of West Bengal and upon the Special Judge hearing the case to show cause why the records of the case should not be transferred to this Court under Article 228 of the Constitution of India in order that this Court should decide a constitutional point involved in the case, namely, whether Section 4(1) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, was ultra vires the Constitution and whether in consequence the Special Judge had any jurisdiction to hear and decide the case.
(2.) At the instance of the special police establishment investigation proceeded against the petitioners in respect of various offences under Section 120B/ 406 of the Indian Penal Code, Sections 467, 468 and 477A of the Indian Penal Code and those sections read with Section 109 of the Indian Penal Code. By a notification of the Judicial Department of the Government of West Bengal No.2072J, dated April 21, 1950, the case was allotted to the Special Court of the Special Judge of Alipore for trial under the provisions of Section 4(1) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949.
(3.) On July 25, 1950, a petition of complaint was filed before the Special Judge charging the petitioners with offences under the sections which I have mentioned, whereupon the learned Special Judge took cognizance of the offences and all petitioners were summoned to appear and stand their trial, and from that time the proceedings continued in respect of these offences.;