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 discretion without any legislative guidance for taking or refusing to take cognizance of an alleged act of land grabbing?

(iii) Whether the police or any investigating agency is empowered to file charge-sheet in connection with an alleged act of land grabbing alleging violation of Sections 4/5 of the Assam Land Grabbing (Prohibition) Act, 2010. as there is no provision in the said Act for filing charge sheet and even if answer to this question is in the affirmative, does a Land Grabbing Special Tribunal created under the said Act have the power to take cognizance of an offence of land grabbing alleged to have been committed solitarily or in conjunction with offences under other penal statutes like the Indian Penal Code in view of the unambiguous language of sub-section (2) of Section 8 of the said Act?

(iv) In the absence of any inherent power conferred on a Special Tribunal constituted under the Assam Land Grabbing (Prohibition) Act, 2010, or under the Code of Criminal Procedure, 1973, powers having been conferred upon this Tribunal by virtue of Section 9 of the Assam Land Grabbing (Prohibition) Act, 2010, what course is open to this Tribunal in a case like the instant one where this Tribunal has already taken cognizance of offence under the said Act with or without cognizance of offences under other penal statutes and has proceeded with the criminal prosecution of the accused charged without making any enquiry as to whether the lis before it involves a question of civil liability as to ownership and title to, or lawful possession of the land alleged to have been grabbed?

(v) Is it permissible not to take cognizance of an offence under a penal statutory provision other than those provided under the Assam Land Grabbing (Prohibition) Act, 2010, and in case the answer is in the affirmative, whether application of Section 10(2) of the said Act in such case and postponing the criminal trial of the accused till final decision in respect of ownership and title to, or lawful possession of the land grabbed would be permissible in view of question no. (i) above?

3. In this regard, we have heard Mr. T.J. Mahanta, learned Senior Advocate and Standing Counsel of this Court assisted by Mr. B. Bora, learned Counsel. Also heard Mr. C. Chowdhury, learned Advocate General appearing for the State of Assam, assisted by Mr. D. Das, the learned Additional Public Prosecutor. Both of them have submitted their written notes on conclusion of their respective arguments.

4. Learned Standing Counsel of this Court has submitted at the outset that there is no infirmity at all in the Assam Land Grabbing (Prohibition) Act, 2010 (hereinafter referred to as the 2010 Act' for brevity). He has very painstakingly taken this court through the various provisions of the said 2010 Act. He has subm