The two accused in the case were committed by the Third Presidency Magistrate, Madras, to take their trial in the High Court Sessions, for offences under section 120-B of the Indian Penal Code, and section 5(2) read with section 5(1)(c) of Act II of 1947 and section 477 read with section 34 of the Indian Penal Code. The offences under section 5(2) read with section 5(1)(c) of Act II of 1947 and section 477, Indian Penal Code are offences triable exclusively by the Sessions Court. The order of commitment was passed on the 8th July, 1952, and the High Court became seized of the case immediately after the order of committal was passed on that day.

On the 28th July, 1952, that is, 20 days after the said order of committal, Act XLVI of 1952 was passed by the Parliament in and by which among other things, the forum for the trial of certain offences, one of which is the offence under section 5(2) of Act II of 1947 was altered. Section 7 of the Act is as follows:

“(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (Act V of 1898), or in any other law, the offences specified in sub-section (1) of section 6 shall be triable by Special Judges only.

(2) Every o