A.D.KOSHAL, P.S.KAILASAM, SYED M.FAZAL ALI
V. C. SHUKLA – Appellant
Versus
State Of Delhi – Respondent
JUDGMENT
FAZAL ALI, J.
( 1 ) THESE two criminal appeals are directed against a judgment dated 27/02/1979 of the Sessions Judge, Delhi by which the accused (hereinafter referred to as the appellant) have been convicted under various S. of the Penal Code and awarded sentences of various terms of imprisonment not exceeding two years (which have been ordered to run concurrently) in addition to fines.
( 2 ) BOTH the appeals were originally filed before the Delhi High court. and were admitted by it on 21/03/1979 when the sentences of the appellants were suspended and they were released on bail. On 17/05/1979, the State also filed an appeal to the Delhi High court for enhancement of the sentences. The Special courts Act (No. 22 of 1979 and hereinafter to be referred to as the act) was passed by Parliament and received the assent of the President on 16/05/1979. On 27/06/1979, the central government made a declaration under S. 5 (1) of the Act as a consequence of which the appeals stood transferred to this court.
( 3 ) THE appellants have raised a number of preliminary objections relating to the constitutional validity of the Act and various provisions thereof on several grounds including th
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