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PETITIONER: EDWARD EZRA AND ANOTHER
Vs.
RESPONDENT: THE STATE OF WEST BENGAL
DATE OF JUDGMENT: 30/11/1954
BENCH:
ACT: West Bengal Criminal Law Amendment (Special Courts) Amendment Act, 1952 (West Bengal Act XII of 1952) s. 12- Conviction under Criminal Law Amendment Ordinance No. XXIX of 1943 set aside by High Court-High Court directing the retrial of the accused by a competent court if Government chose to proceed against them--Retrial under West gengal Act XII of 1952 Validity of.
HEADNOTE: Section 12 of the West Bengal Act XII of 1952 provides: " Nothing in this Act shall apply to any proceedings pending on the date of the commencement of the West Bengal Criminal Law Amendment (Special Courts) Amending Ordinance 1952 in any court other than a Special Court". On appeal taken by the appellants to the High Court of Cal- cutta against their conviction by the First Special Tribunal Calcutta constituted under the Criminal Law Amendment Ordinance of 1943 the High Court set aside the conviction on the ground, inter alia that the Special Tribunal was not properly constituted. The High Court directed that the accused should be retried in accordance with law by a court of competent jurisdiction, it being left to the State Government to decide whether actually the trial should be proceeded with or not. On the 30th July 1952 the West Bengal Act XII of 1952 came in...