Judgement

B. K. MUKHERJEA J - Syed Qasim Razvi, the appellant in this appeal, was one of the accused in what is known as the Bibinagar Dacoity case which took place within the State of Hyderabad and in which, according to the prosecution, a serious raid was committed by a party of armed Razakars in village Bibinagar, about 21 miles from the city of Hyderabad, attended with robbery, looting, arson, assault and other violent acts on the afternoon of 10th January, 1948. The First Information Report was lodged on the day following, but the police administration of the State of Hyderabad was at that time under the complete control of the Razakars and they tried to minimise the gravity of the occurrence as far as possible and there was neither any proper police investigation nor any serious attempt to arrest the culprits or bring them to trial. It was on the 28th of August, 1949, that is to say, after a lapse of 19 months after the occurrence, that a charge-sheet was presented before the Special Tribunal No. 4 at Trimulgherry, Secundarabad against the appellant and six other persons. The Tribunal was constituted in accordance with the provisions of the Special Tribunal Regulation (Regulat