Judgment

Kania, C.J.I. - These are three crimisc petns. asking for special leave to appeal to the S. C. under Art. 136, Const. Ind.

2. All the accused were charged with being members of the Communist Party wedded to the policy of overthrowing the existing Govt. at Hyderabad by violence and establishing in its place a communist regime. It is alleged that they demanded subscriptions towards their communist organization and some of the villagers who did not meet their demands were abducted on 21-9-1948 and murdered. They were charged with various offences including murder before a special tribunal established under the regulations promulgated by the Military Governor under the authority of H. E. 11. the Nizam and convicted and sentenced to death on the 9th, 13th and 14th of August 1949 by separate judgments. The petnrs. appealed from these judgments, to the Hyderabad H. C. and the H. C. by its judgments dated the 12th, 13th and 14th December, 1949, respectively, dismissed the appeals. The petnrs. applied to the H. C. for a certificate to appeal to the Judicial Committee of the Hyderabad State on 21-1-1950. It appears that H. E. H. the Nizam issued a firman on 23 -11-1949 stating that the proposed Const. Ind. was suitable for the Government of Hyderabad and he accepted it as the Const. of the Hyderabad State as one of the States of part B in Sch. 1. On 26-1-1950 Const. Ind. became applicable to the Union of India and the Part B States. The petn. originally filed for & certificate for leave to appeal to the Judicial Committee of the P. C. of the Hyderabad State was, by leave of the Ct., amended, and made into a petn. under Art. 134, const. Ind. A D. B. of the H. C. at Hyderabad considered the petns. and dismissed them on the ground that no such petns, lay under Art. 134 and they also declared that on the merits no case was made out for & certificate as asked by the petnrs. The petnrs, have now filed their petns. to this Ct. under Art. 136, Const. Ind. for special leave to appeal from the judgments of the H. C. dated the 12th, 13th and 14th of December 1949.

3. Two questions arise for consideration. The first is, whether any appln, under Art,136, under the circumstances of the case, can be made to the S. C. and, the second is, whether on a consideration of the facts; if it has jurisdiction to entertain the petns., the Ct. should grant special leave. The first question depends on the construction of the relevant Articles in Const. Ind. Under Art. 374 (4), on and from the commencement of this Const: the jurisdiction of the authority functioning as P. C. in a State specified in Part B to Sch. 1, to entertain and dispose of appeals and petns. from or in respect of any judgment, decree or order of any Ct. within that State ceased, and all appeals and other proceedings pending before the said authority at such commencement stand transferred to and have to be disposed of by the S C. This sub-clause thus abolishes the jurisdiction of the P. O. of the Hyderabad State and after the Const. Ind. came into force that body and its jurisdiction altogether ceased. On the facts before us, it is clear that as no proceeding or appeal in respect of these judgments of the Hyderabad H. O. was pending before the Hyderabad P. O. before its abolition, nothing got transferred to the S. C. by operation of this sub-clause.

4. It was argued on behalf of the petrs. that on 16-1-1950 they had a right to move the H. O. at Hyderabad for a certificate granting them leave to appeal to the P. C. of the Hyderabad State. In fact such petns were pending on that day. It was, therefore, urged that a right to appeal which existed on 25-1-1950 cannot be impliedly taken away by the Const. Ind. being made to the State of Hyderabad. It was pointed out that in respect of convictions all persons who had rights of appeal, or who had time to file their appls. for a certificate, as also persons whose petns. were pending before the Hyderabad H. C. asking for such certificates and whi