Supreme Court of India · 1962-11-27
STATE OF WEST BENGAL vs HEMANT KUMAR BHATTACHARJEE AND OTHERS
- Citation / case number
- SC 1959/217
- Court
- Supreme Court of India
- Petitioner
- STATE OF WEST BENGAL
- Respondent
- HEMANT KUMAR BHATTACHARJEE AND OTHERS
- Bench
- AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that the decision of the High Court regarding the unconstitutionality of Section 4(1) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1952, was binding and could not be challenged collaterally. The Court affirmed that the Special Judge had jurisdiction over the case despite earlier rulings, as the subsequent High Court decision established this jurisdiction. The fresh charge sheet filed was deemed to fall within the prohibition of Section 12 of the Act, thus invalidating further proceedings against the respondents.