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Amongst other important changes, reference may be made to the provision of section of the Act which empowers the Special Court to convict an accused of any offence if the commission of such offence is proved during trial, although he was not charged with the same or Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 could be charged with it in the manner contemplated by section of the Criminal Procedure Code, nor was it a minor offence within the meaning of section of the Code. On this point, I would invite special attention to the view taken by Mr.

Make sure to ask lawyer if they have ever had a complaint lodged against them by a plaintiff. It may even be that it would be more truly done. Section of the West Bengal Special Courts Act lays down that "A Special Court shall try such offences or classes offences or cases or classes of cases as the State Govern- ment may, by general or special order in writing direct. In short, the classification implied in this part of the sub-section has no reference to, and is not directed towards the singling out of any particular person as an object of hostile State action but is concerned only with the grouping of "offences", "classes of offences" and "classes of cases" for the purpose of being tried by a Special Court.

In the same way, the laws of liberty, of freedom and of protection under the Constitu- tion will also slowly assume recognisable shape as decision is added to decision. It imposes heavier liabilities on the alleged culprits than are ordained by the Code. For instance, in Atchison Topeka it is merely to utter a note of caution that we need not stray far into distant fields and try to clutch at something which may not after all be very helpful.

" The question was answered in the affirmative. If the statute or the enact- ment makes a reasonable or rational classification and if the power conferred by the statute on a local authority is exercised to the prejudice of a person visa vis other per- sons similarly situated, Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 two answers would be possible. The classifi- cation of ' 'offences" by itself is not calculated to touch any individual as such, although it may, after the classifi- cation is made, affect all individuals who may commit the particular offence.

Dealing with these facts the court observed: "Though the law itself be fair on its face and impartial in appearance, yet if it is applied and Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 administered by public authority with an evil eye and an unequal hand so as to practically make unjust and illegal discrimination between persons in similar circum- stances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution. Great reliance was placed on behalf of the respondent upon the decision in Truax v.

The differentia which is the basis of the classification and the object of the Act are distinct things and what is necessary is that there must be a nexus between them. They cannot, in my judgment, Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 be enunciated in static form by hidebound rules and arbitrarily applied standards or tests. But the only relevant constitutional limitation on freedom of speech was that the State could make a Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 directed against the undermining of the security of the State or the over- throw of it, Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 and Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 as the impugned enactment covered a wider ground by authorising curtailment of that freedom for the purpose of securing the public safety or the maintenance of public order, this Court held it to be wholly unconstitu- tional and Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 void, observing :- "Where a law purports to authorise the imposition of restrictions on a fundamental right in language wide enough to cover restrictions both within and without the limits of constitutionally permissible legislative action affecting such right, it is not possible to uphold it even so far as it may be applied within the constitutional limits, as it is not severable.

As I have already stated, the Act is a verbatim copy of the earlier Ordinance which was framed before the present Constitution came into force, and article could not have been before the minds of those who framed it because that Article was not then in existence. On the contrary, this power is controlled by the necessity for making a proper classifi- cation which is guided by the preamble in the sense that the classification must have a rational relation to the object of the Act as recited in the preamble.

In answer to the argument that the controller might refuse a licence on his arbitrary whim, Holmes J. Section then lays down that a Special Court shall try such offences or classes of offences or cases or classes of cases as the State Gov- ernment may, by general or special order, in writing direct. The differen- tia and the object being, as I have said, different ele- ments, it follows that the object by itself cannot be the basis of the classification of offences or the cases, for, in the absence of any special circumstances which may dis- tinguish one offence or one class of offences or one class of cases from another offence, or class of offences or class of cases, speedier trial is desirable in the disposal of all offences or classes of offences or classes of cases.

I have already stated that this part of the sub- section contemplates a process of classification of "of- fences", "classes of offences" and "classes of cases". ' It cannot be denied that there is a difference between the two proceedings. of the Constitution from the judgment and order dated th August, , of the High Court of Judicature at Calcutta Harries C. --Section of the Act is not void or unconstitutional wholly or even in part.

With great respect, I fail to see why we should allow ourselves to be unduly weighted-down or over-encumbered in this manner. It is true that the presumption should always be that the legislature understands and cor- rectly appreciates the needs of its own people and that its discriminations are based on adequate grounds ; but as was said by Mr. Nor is that procedure, as I have endeavoured to show, calculated to impair the chances of a fair trial of the cases to which it may be made applicable, and no discriminatory intent or design is discernible on its face, unless every departure from the normal procedure is to be regarded as involving a hostile discrimination.

The learned Chief Justice rejected the argument that the word "cases" in the sub-section should, in view of the title and preamble of the Act. The net result of these provisions is that offences which are summarily triable can be more speedily tried than summons cases, summons cases can be more speedily tried than warrant cases, and warrant cases can be more speedily tried than sessions cases. as declared in the preamble, was "to provide for the speedier trial of certain offences".

In ray judgment, the High Court was right in quashing the conviction of the respondents in the one case and in prohibiting fur- ther proceedings in the other case and these appeals should be dismissed. Let us take an imaginary case in which a State legislature considers that all accused persons whose skull measurements are below a certain standard, or who cannot pass a given series of intelligence tests, shall be tried summarily whatever the offence on the ground that the less complicated the trial the fairer it is to their sub-standard of intelli- gence.

" The learned Attorney-General urges that the principle of classification upon which the differences have been made between cases and Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 offences triable by the Special Court and those by ordinary courts is indicated in the preamble to the Act which runs as follows: "Whereas it is expedient to provide for the speedier trial of certain offences". --Section of the impugned Act is not void or unconstitutional wholly or even in part because: The words in the enacting part of a statute must be confined to that which is the plain object and general intention of the legislature in passing the Act and the preamble affords a good clue to discover what that object was.

Justice Bose, and as the learned Judge was of opinion that they involved questions of general constitutional importance, he referred them to the Chief Justice for decision by a larger Bench. Cases of this type must be decided solely on the basis whether the Constitution forbids it. It is also clear that after the committal and before the sessions judge actually hears the case, there is generally a large interval of time which gives the accused ample opportunity of preparing his defence, he being ac- quainted beforehand Lexscient Law Firm - Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 with the entire evidence that the prose- cution wants to adduce against him.

The learned Attorney-General contended that if the object of the legislation was a laudable one and had a public purpose in view, as in this case, which provided for the speedier trial of certain offences, the fact that dis- crimination resulted as a bye-product would not offend the provisions of article .

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