Judgement

CHANDRACHUD, CJI. (for himself and on behalf of P.N. Bhagwati, R.S. Sarkaria and S. Murtaza Fazal Ali JJ.):- On Aug. 1, 1978 the President of India made a reference to this Court under Art. 143 (1) of the Constitution for consideration of the question whether the Special Courts Bill, 1978 or any of its provisions, if enacted, would be constitutionally invalid. The full text of the reference is as follows:

WHEREAS certain Commissions of Inquiry appointed by the Central Govt. under the Commissions of Inquiry Act, 1952 (Central Act 60 of 1952) have submitted reports which indicate that there is reason to believe that various offences have been committed by persons holding high political and public offices during high political and public offices during the period of operation of the Proclamation of Emergency dated the 25th June, 1975, and the period immediately preceding that Proclamation;

AND WHEREAS investigations into such offences are being made in accordance with law and are likely to be completed soon;

AND WHEREAS suggestions have been made that the persons in respect of whom the investigations reval that a prima facie case has been made out should be tried speedily in Spe