Supreme Court of India · 1952-05-20
LACHMANDAS KEWALRAM AHUJAAND ANOTHER vs THE STATE OF BOMBAY.
- Citation / case number
- SC 1950/53
- Court
- Supreme Court of India
- Petitioner
- LACHMANDAS KEWALRAM AHUJAAND ANOTHER
- Respondent
- THE STATE OF BOMBAY.
- Bench
- SASTRI, M. PATANJALI (CJ),MAHAJAN, MEHR CHAND,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA
Judgment text excerpt
The Supreme Court held that Section 12 of the Bombay Public Safety Measures Act, 1947, which allows the Government to direct specific cases to be tried by a Special Judge, violates Article 14 of the Constitution and is void under Article 13. The Court ruled that the continuation of trials under this discriminatory procedure after the Constitution came into force constitutes a breach of the fundamental right to equal protection of the laws. Consequently, the appellants were entitled to be tried under the ordinary procedure, as the discriminatory provisions could not be applied post-26th January 1950.