( 1 ) THIS is a Rule to show cause why certain proceedings pending against the petitioner Major J. Phillips before the 1st Special Court, Alipore constituted under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 as amended by Act 12 of 1952, should not be quashed or why such other or further orders should not be made as to this Court may seen fit and proper.

( 2 ) IT appears that the petitioner Phillips along with four other persons, named, Captain A. J. Rodrigues, Jagat Bhusan Biswas, Edward Ezra and Nandalal Dey have been summoned to take their trial before the 1st Special Court, Alipore under Section 120b/409, Penal Code. There are besides allegations against Phillips under Section 409, and under Section 409/109, Penal Code against the rest. The petitioner and his co-accused have appeared before the Special Court in obedience to the processes issued and it was after the examination in part of one witness for the prosecution that Phillips alone moved this Court and obtained the present Rule.

( 3 ) THE case has a chequered history which requires to be recounted in brief outline even for the limited purpose of this Rule.

( 4 ) MAJOR J.