Judgment

GAJENDRAGADKAR, J. (who delivered the majority judgment on behalf of B. P. Sinha C.J.I., himself and J. C. Shah J.) : This appeal by special challenges the vires of S.2 (b) and the proviso to S.4 (1) of the West Bengal Tribunals of Criminal Jurisdiction Act, 1952 (W. B. Act XIV of 1952) (hereinafter called the Act). A complaint was filed against Kangsari Haldar & Jogendra Nath Guria (hereinafter called the appellants) in which it was alleged that the appellants along with some others had committed offences under S. 120B read with Ss. 302 and 436 of the Indian Penal Code. The case against them was that in 1947 a tebhaga movement had been launched in Kakdwip area by the communist party and that later on the Bhagehasis were persuaded to claim the entire and not only 2/3 of the produce in pursuance of the said movement. It was further alleged that the leaders of said movement including the appellants preached murder and arson amongst the cultivators and that such preaching and propaganda were followed by arson and murders on a large scale. It was on these allegations that a charge-sheet was submitted against he appellants and the case against them taken up for trial before the