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february 1957

Supreme Court of India · 1957-02-19

ASGARALI NAZARALI SINGAPORAWALLA vs THE STATE OF BOMBAY

Citation / case number
SC 1954/90286
Court
Supreme Court of India
Petitioner
ASGARALI NAZARALI SINGAPORAWALLA
Respondent
THE STATE OF BOMBAY
Bench
BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,IMAM, SYED JAFFER,MENON, P. GOVINDA,KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the Criminal Law Amendment Act, 1952, which mandates that offences under Sections 161, 165, or 165-A of the IPC and Section 5(2) of the Prevention of Corruption Act be tried exclusively by Special Judges, does not violate Article 14 of the Constitution. The Court found that the classification of these offences was based on an intelligible differentia related to the objective of expediting trials for bribery and corruption. Consequently, the High Court's order for retrial by a Special Judge was upheld as the Presidency Magistrate lost jurisdiction upon the Act's commencement.

ASGARALI NAZARALI SINGAPORAWALLA vs THE STATE OF BOMBAY · Niyam