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1951 Supreme(SC) 22

S.MURTAZA FAZAL ALI, N.CHANDRASHEKAR AIYAR, S.R.DASS, M.C.MAHAJAN, B.K.MUKHERJEE
Janardhan Reddy – Appellant
Versus
State Of Hyderabad – Respondent


Advocates:
D.N.PRITI, DANIAL LATIF, G.N.Joshi, Gopal Singh, I.M.SHROFF, M.C.SETALVAD, P.A.Mehta, V.Rajaram Iyer

Judgment

Fazl Ali J. - These are six petitions which have been presented so this Court on behalf of three groups of persons in the following circumstances.

2. On 30-10-1948, the Military Governor of Hyderabad by virtue of the powers delegated to him by H. E. H. the Nizam enacted the Special Tribunals Regulation (No. 5 [V] of 1358-F), which was amended by several later Regulations issued on 22-5-1949, 10-7-1949, 23rd July & 30-10-1949. The Regulation provided among other things that the Military Governor may constitute & Special Tribunal or Tribunals, each consisting of 3 members appointed by him, & that he may by general or special order direct that these Tribunals shall try any offence, whether committed before or after the commencement of the Regulation, or any class of offences. Section 8 of the Regulation empowered the Military Governor to direct, by order, that in such circumstances & under such conditions, if any, as may be specified in the direction, any power or duty conferred or imposed upon him by the Regulation may be exercised or discharged by any other authority. In accordance with the Regulation, certain Tribunals were constituted, & one of the Tribunals Tribunal A for



















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