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january 1952

Supreme Court of India · 1952-01-11

THE STATE OF WEST BENGAL vs ANWAR ALl SARKARHABIB MOHAMED,THE STATE OF HYDERABAD, and

Citation / case number
SC 1951/71
Court
Supreme Court of India
Petitioner
THE STATE OF WEST BENGAL
Respondent
ANWAR ALl SARKARHABIB MOHAMED,THE STATE OF HYDERABAD, and
Bench
SASTRI, M. PATANJALI (CJ),FAZAL ALI, SAIYID,MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, S.R. & AIYAR, N.C. & BOSE, VIVIAN

Judgment text excerpt

The Supreme Court examined the constitutional validity of the West Bengal Special Courts Act (X of 1950), specifically Sections 3 and 5, which allowed the State Government to constitute Special Courts for the speedier trial of certain offences. The Court held that the Act did not provide a reasonable classification of cases, thereby violating Article 14 of the Constitution, which guarantees equality before the law. Consequently, the notification issued under Section 5 was deemed unconstitutional, leading to the quashing of the respondent's conviction by the Special Court.

THE STATE OF WEST BENGAL vs ANWAR ALl SARKARHABIB MOHAMED,THE STATE OF HYDERABAD, and · Niyam