RABIN BHATTACHARYYA, J. - (1.) THE accused has been prima facie hauled up for outraging the sovereignty of India which can hardly be equated with any kind of offence either under the Indian Penal Code or under the Special Code, as the case may be.
(2.) THE petitioner, as alleged shared not only the smuggling of arms into India but also showered them from the plane in a remote village of Southern Bengal, Purulia, one of the principal objectives was to promote the insurgency to destabilize the country and let loose the reign of terror. The material prima facie disclosed adequacy constituting prima facie offences under Sections 121A/122/123 of the IPC and also under Sections 25/27 of the Arms Act.
(3.) IT is apposite to mention that taking cognizance by itself is a procedure established by law and the subsequent proceedings in the shape of arrest, production and surrender of the accused are the flesh and bones of the procedure which cannot be stalled or whittled down in absence of legislation. The law provides that only the Court can assume the power or jurisdiction in the advent of law to take cognizance of the offence and other than the Court of Law cannot step into the shoe of the Code unless baked by or armed with the provisions of law. The proceedings, if any, takes elsewhere cannot influence or prevail upon the jurisdiction of the Court. The petitioner, accordingly, cannot derive any comfort from the proceedings taken elsewhere behind the Code of Criminal Procedure. Mr. Bose appearing for the accused has not strenuously contended that the Court is under obligation to accept the proceedings that took place in the floor of the Parliament. In support of his contention, he has laid emphasis on Baburao v. Union of India, AIR 1988 SC 440. We have carefully gone through the decision and find from it, after perusal, that the points that became germane for consideration before the Court were as to whether : "(1) The Proclamation of Emergency issued on 3.12.1971 by the President of India was either ultra vires the Constitution or had ceased to be operation on 4.2.1972; (2) The Proclamation of Emergency dated 25.6.1975 issued by the President of India on 26.6.1975 was either ultra vires the Constitution or had ceased to be in operation on 26.8.1975; (3) The House of the People (Extension of Duration) Act, 1976 (No. 30 of 1976) is ultra vires of the Constitution; and (4) The Finance Act, 1976 (66 of 1976) is ultra vires the Constitution." ;