THOMAS DANA LEO ROY FREY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE following Judgment of S. R. Das C. J., N. H. bhagwati, B.P.SINHA and K. N. Wanchoo JJ. was delivered by:

(2.) PETITION Nos. 65 of 1958, under Art. 32 of the Constitution, on behalf of one Thomas Dana, and Criminal Appeal No. 112 of 1958, by special leave to appeal granted to one Leo Roy Frey (appellant), raise substantially the same question of some constitutional importance, and have, therefore, been heard together, and will be covered by this judgment. The main question for determination in these two cases, is whether there has been an infringement of the constitutional protection granted under Art. 20(2) of the Constitution. For the sake of brevity and convenience, we shall refer to Thomas Dana as the first petitioner, and Leo Roy Frey, as the second petitioner, in the course of this Judgment.

(3.) THE petitioners moved the High court of Judicature for the State of Punjab, separately, against their convictions and sentences passed by the courts below, as aforesaid. Both the revisional applications were dismissed summarily by the learned chief justice. By his order dated 28/02/1958, the learned chief justice refused to certify that the case was a fit one for appeal to this court.