Judgment

Patanjali Sastri, C.J.I.- This appeal raises questions under art. 14 of the Constitution more or less similar to those dealt with by this Court in Criminal Appeal No. 297 of 1951, State of West Bengal v. Anwar Ali (A. I. R. 1952 S.C. 75) and it was heard in part along with that appeal but was adjourned to enable the respondent State to file an affidavit explaining the circumstances which led to the enactment of the Saurashtra State Public Safety Measures (Third Amendment) Ordinance, 1949 (No. 66 of 1949), hereinafter referred to as the impugned Ordinance.

2. As in the West Bengal Case (A. I. R. 1952 S. C. 15) the jurisdiction of the Special Court of Criminal Jurisdiction, which tried and convicted the appellant, was challenged on the ground that the impugned Ordinance, under which the Court was constituted, was discriminatory and void. The objection was overruled by the Special Judge as well as by the High Court of Saurashtra on appeal and the appellant now seeks a decision of this Court on the point.

3. The impugned Ordinance purports to amend the Saurashtra State Public Safety Messures Ordinance (No. 9 of 1948) which had been passed "to provide for public safety maintenance