Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Saurashtra State Public Safety |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Saurashtra State Public Safety (third Amendment) Ordinance (66 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Saurashtra State Public Safety (Third Amendment) Ordinance (LXVI of 1949), ss. 9, 10, 11-Law empowering State to constitute Special Court,· to try special classes . .- of offences-Constitutional validity-Contraventio11 of fundamental rig/it to equal protection of laws-Essentials of valid classification Delegation of legislative powers--Constitution of lndia, .Arts. 13, 14. The Saurashtra State Public Safety Measures Ordinance, 19-18, was p~5'ed "to provide for pul1lic safety, maintenance of public order and preservation of peace and tranquility in the State of Saurashtra." As crimes involving violence such as dacoity and murder were increasing, this Ordinance was amended by the Saurashtra State Public Safety Measures (Third Amendment) Ordinance, 1949, which, by secs. 9, JO and 11, empowered the State Government by notification in the official gazette to constitute Special Courts of criminal jurisdiction for such ,1rea as may he specified in the notification, to appoint Special fudges to provide over such Courts and to invest them with jurisdiction to try such offences or classes of offences or such cases or classes of cases as the Government may, by general or special order in writing, direct. The procedure laid down by the Ordinance for trial before such Courts varied from the normal procedure prescribed by the Criminal Procedure (-:ode in two material respects, viz., there Vas no provision for trial ·by jury or with the aid of assessors, or for enquiry before con1mitment to sessions. In exercise of the powers conferred by this Ordinance the Government, by a notification, constituted a Special Court for certain areas and empowered that Court to try offences under secs. 183, 189, 302, '04, 307, 392 and certain other sections of the Indian Penal Code which were specified in the notification. It was contented on behalf of the appellant who had been convicted by the Special Court under secs. 302, 307 and 392 of the Indian Penal Code read· with sec. 34, that the Ordinance of 1949 and the notification above-mentioned contravened Art. 14 of the Constitution and were therefore ultra vires and void : |
Judge | Honble Mr. Justice Bijan Kumar Mukherjea Honble Mr. Justice Mehr Chand Mahajan Hon'ble Mr. Justice N. Chandrasekhara Aiyar Honble Mr. Justice Patanjali Sastri Hon'ble Mr. Justice Sir Saiyid Fazl Ali Honble Mr. Justice Sudhi Ranjan Das |
Neutral Citation | 1952 INSC 10 |
Petitioner | Kathi Raning Rawat |
Respondent | The State Of Saurashtra |
SCR | [1952] 1 S.C.R. 435 |
Judgement Date | 1952-02-27 |
Case Number | 15 |
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