Kalyan Raisurana, J.

This criminal reference under Section 395(1) of the Criminal Procedure Code, 1973 has been received from the learned Additional District and Sessions Judge No. 1, Kamrup (Metropolitan), Guwahati.

2. By virtue of an order dated 08.08.2016, reference was made on the following questions in connection with the Assam Land Grabbing (Prohibition) Act, 2010:-

(i) Whether the provision of Section 10(2) of the Assam Land Grabbing (Prohibition) Act, 2010 is unconstitutional being violative of Articles 14 and 21 of the Constitution of India so far the said provision prohibits proceeding with the criminal trial of a person alleged to have committed an offence of land grabbing as defined under Section 2(e) of the said Act in case he stakes a proprietary claim over the land allegedly grabbed by him and in view of the fact that section 3 of the said Act makes an act of land grabbing a cognizable offence?

(ii) Whether the provisions of Section 8(3) of the Assam Land Grabbing (Prohibition) Act, 2010, is arbitrary and against the rule of law and therefore, in the teeth of Articles 14 and 21 of the Constitution of India, unconstitutional inasmuch as it gives an unfettered di