( 1 ) SHEIKH Wahaj Uddin (hereinafter referred to as the accused) is being prosecuted for an offence punishable under Section 153-A, I. P. C. in the court of the Judicial (Officer (III) at Kanpur. He made an application to this Court under Article 228 of, the Constitution of India which was allowed by Desai, C. J. who directed the transfer of the case to this Court for decision of the question of vires of Section 153-A, I. P. C. , but expressly said in his order that only this question shall be decided here.

( 2 ) WE have heard Mr. Kunzru for the accused and the (earned Government Advocate for the state. Mr. Kunzru has made only the following two submissions before us:

1. That this Court had under Article 228 of the constitution of India no jurisdiction to direct that only the question of vires shall be decided by this Court and the case itself will not be disposed of here. He has therefore requested us to ignore the direction of Desai, C. J. dated the 9th of may, 1961, directing that only the question of vires shall be decided by this Court.

2. That the provisions of Section 153-A are void under Article 13 of the Constitution of India. No other submission has been